NEW YORK (CBSNewYork) -- The man accused of pushing a subway rider into the path of an oncoming train was indicted by a grand jury on Monday.
Kevin Darden, 34, was indicted by a Bronx grand jury on second-degree murder and first-degree manslaughter charges for allegedly pushing 61-year-old Wai Kuen Kwok in front of an oncoming D train at the Grand Concourse and East 167th Street station in the Bronx on Nov. 16. Kwok died at the scene.
Police said Kwok was standing on the platform with his wife and that there is no indication that Kwok and Darden knew each other or had any interaction before the incident.
Suspect Charged In Deadly Bronx Subway Push Appears In Court
Wearing a gray jail jumpsuit, Darden was handcuffed and expressionless as he entered the courtroom Monday for a brief hearing before the indictment was handed down, WCBS 880's Peter Haskell reported.
His attorney indicated the 34-year-old would not appear before the grand jury. The prosecutor then said she would continue presenting her case.
After the two-minute, 15-second hearing, Darden was led back to jail. He did not speak during the appearance.
During a TV interview, Darden said he has no memory of the subway shove. His attorney suggested there are identification issues.
Darden is due back in court Jan. 12.
His lawyer, Edward McGowan, said last week that Darden is innocent until proven guilty.
"Kevin Darden is a human being. He's not a monster," McGowan said. "Like any human being who's charged with a crime, he's entitled to the presumption of innocence."
McGowan is promising a vigorous defense.
Detectives said Kwok, who relatives said worked for a kitchen supply company, and his wife had been headed to Chinatown to have breakfast for her birthday at the time of the incident.
The Kwok family released a statement after Darden's arrest, saying, "We extend our deepest appreciation for the outpouring of condolences, prayers, and support during this difficult time."
Police said Darden is also a suspect in another platform push earlier this month, as well as a violent robbery.
Darden has a history of arrests for assault and robbery, including one for allegedly trying to burn down his brother's house in Longview, Texas, in 2011. Officials said he was released and never indicted because of a lack of evidence.
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