NHL draft prospect Gavin McKenna still faces three charges after allegedly punching a 21-year-old man twice, but the aggravated assault charge was withdrawn.
Prosecutors in Centre County, Penn., are withdrawing the felony aggravated assault charge against NHL draft prospect Gavin McKenna, according to a Friday news release.
The possible first overall pick of the upcoming NHL draft allegedly punched a 21-year-old male student in the right side of the face twice following a verbal altercation between McKenna's group and the victim's group on Jan. 31. The incident occurred hours after Penn State lost 5-4 in overtime to Michigan State in an outdoor game at Beaver Stadium.
The victim is recovering from corrective surgery after suffering two jaw fractures. His jaw will reportedly be wired shut for two weeks.
The victim alleged he suffered one fracture on each side of the jaw. He also claimed to be missing a tooth.
However, a follow-up by the police in State College, Penn., confirmed the victim suffered two fractures on the right side of the jaw, and he wasn't missing any teeth.
In the incident that was filed by the State College Police Department, McKenna was faced with these charges:
- Aggravated assault (first-degree felony, withdrawn)
- Simple assault (second-degree misdemeanor)
- Harassment - subject other to physical contact (summary offense)
- Disorderly conduct engage in fighting (summary offense)
"In order to establish probable cause for the crime of Aggravated Assault, the Commonwealth must establish that a person acted with the intent to cause serious bodily injury or acted recklessly under circumstances showing an extreme indifference to the value of human life," the District Attorney's Office said in a news release.
"Both the District Attorney's Office and the State College Police Department have reviewed video evidence of this incident and do not believe that a charge of Aggravated Assault is supported by the evidence."
McKenna still faces the three other charges of simple assault, harassment and disorderly conduct, as they related to the serious injuries the victim suffered, the prosecutors said.
These charges have not been proven in court. McKenna has not yet commented on the charges or allegations.
"It is important to remember that these charges are an accusation and not proof of guilt," the news release said. "In all cases, a defendant is presumed innocent unless and until proven guilty."
The Penn State freshman is set to have the preliminary hearing on Feb. 11.
For action-packed issues, access to the entire magazine archive and a free issue, subscribe to The Hockey News at THN.com/free. Get the latest news and trending stories by subscribing to our newsletter here. And share your thoughts by commenting below the article on THN.com or creating your own post in our community forum.