Prosecutors drop felony assault charge against Gavin McKenna
The DA's office will move forward with the misdemeanor and other summary charges stemming from an incident on Jan. 31
Prosecutors will be withdrawing the felony aggravated assault charge against Penn State freshman Gavin McKenna.
The district attorney’s office issued a press release Friday announcing the decision, saying that after reviewing video from the incident, the DA’s office and the State College Police Department do not believe a charge of aggravated assault is supported by the evidence.
The press release notes that to establish probable cause for aggravated assault, the Commonwealth must show that a person “acted with intent to cause serious bodily injury or acted recklessly under circumstances showing an extreme indifference to the value of human life.”
The DA’s office said, “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.”
The DA’s office added that only the felony charge is being withdrawn. Prosecution will proceed on the misdemeanor simple assault and other summary charges, “as they relate to the serious injuries suffered by the victim.”
Good news for McKenna