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Felony Charge to Be Withdrawn in Case Involving Penn State’s Gavin McKenna

Gavin McKenna - Penn State Athletics

Centre County prosecutors plan to withdraw the felony aggravated assault charge filed against Penn State men’s hockey standout Gavin McKenna following an altercation last weekend in downtown State College, according to court officials familiar with the case.

McKenna was arraigned earlier this week after an incident that occurred late Saturday night outside Doggie’s Pub, following Penn State’s outdoor matchup against Michigan State at Beaver Stadium. Police allege that McKenna punched another male twice in the face during the confrontation, resulting in multiple jaw fractures that required corrective surgery.

While aggravated assault was initially filed as a felony, prosecutors have indicated they will no longer pursue that charge.

McKenna entered an arraignment hearing this week, during which he was formally advised of the charges against him and the conditions of his release. He also entered a plea, which is presumed to be not guilty. His legal team is expected to argue that McKenna acted in self-defense, and discussions of a possible plea agreement are ongoing. Any deal, according to sources, would likely seek to avoid a permanent criminal record.

The felony aggravated assault charge carried significant implications, as it is considered a crime of moral turpitude and could have affected McKenna’s ability to travel internationally that would be an important consideration for a player with future NHL aspirations.

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In a statement released from the Centre Country District Attorney’s office:

“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. 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. Accordingly, the District Attorney’s Office will be withdrawing the felony count of Aggravated Assault and correcting the record regarding the injuries suffered by the victim. A review of the video does not support a conclusion that Gavin McKenna acted with the intent to cause serious bodily injury or with reckless indifference to the value of human life.”

Penn State Athletics has not yet issued a public statement regarding the matter.

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