The Centre County District Attorney’s office said in a press conference Friday it will withdraw the felony count of aggravated assault against Penn State hockey player Gavin McKenna.
State College police previously said 18-year-old McKenna punched a 21-year-old man two times in the face after a verbal argument Saturday night in downtown State College, resulting in a lost tooth and fractures on both sides of his jaw. Now, officials say the victim did not lose a tooth and only has fractures on one side of his jaw.
“He is out of surgery and he is recovering,” said District Attorney Bernie Cantorna.
Cantorna said his office and the State College Police Department have reviewed security camera footage of the attack and no longer believe they have evidence to support pursuing a felony assault charge.
“In order to prove probable cause on a charge of aggravated assault, the Commonwealth has to prove two things,” Cantorna said. “We’re required to prove that the defendant acted with the intent to cause serious bodily injury, or that the defendant acted recklessly under circumstances showing an extreme indifference to the value of human life.”
Cantorna said his office will still pursue the misdemeanor simple assault and other summary charges.
Cantorna would not answer specific questions about the case, such as whether the victim had been harassing McKenna and if McKenna had alcohol in his system. Cantorna asked the public to stop speculating online about what happened.
“I will leave the facts to a court of law where they remain and not engage in the speculation that has been ongoing incessantly since this broke,” Cantorna said. “I understand, I get it, but perhaps this information will put a small break to that and a return to some sanity.”
McKenna is a freshman center on Penn State’s Men’s Ice Hockey team and the presumptive top pick in this summer's NHL draft. He is also from Yukon, Canada. Cantorna said his office has not heard from the Department of Homeland Security about the charges.
