The Centre County District Attorney’s Office announced Friday that it will not pursue the felony aggravated assault charge previously filed against Penn State freshman forward Gavin McKenna, citing insufficient evidence to support that count after reviewing video.
In its statement, the DA’s office explained that to establish probable cause for aggravated assault, the Commonwealth must show a person acted with intent to cause serious bodily injury or acted recklessly under circumstances showing extreme indifference to the value of human life. The DA’s office said it and the State College Police Department reviewed video of the incident and do not believe the aggravated assault charge is supported by the evidence.
The incident occurred Saturday night, Jan. 31, in downtown State College, after Penn State’s outdoor game against Michigan State at Beaver Stadium. McKenna had originally been charged with first-degree felony aggravated assault, misdemeanor simple assault, and two summary offenses.
With the felony count dropped, the remaining charges are simple assault and the summary offenses of harassment and disorderly conduct, according to reports.
The removal of the felony charge significantly lowers the top-end legal exposure in the case. The remaining charges still carry potential penalties, but they are markedly less severe than the aggravated assault count, which had been cited in earlier reports as carrying up to 20 years if convicted.
It remains unclear whether McKenna will face discipline from Penn State or the hockey program. Penn State is on a bye week in Big Ten play.