Gavin McKenna, a star forward at Penn State and top NHL Draft prospect, will not face felony first-degree aggravated assault charges, the Centre County (Pa.) District Attorney announced on Friday afternoon.
McKenna is still facing a misdemeanor assault charge and summary charges of harassment and disorderly conduct for his role in an altercation on Jan. 31 in State College, Pa. His preliminary hearing, originally scheduled for Feb. 11, now will be held on March 11 according to the district attorney’s office.
Jason Dunkle, listed on the court docket as McKenna’s attorney, declined to comment to The Athletic when reached via email on Friday.
A media release from the office of District Attorney Bernie Cantorna said video evidence in the case against McKenna does not support the felony charge, noting that the charge dictates that the prosecution “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 video, the prosecution said, does not establish that McKenna acted in such a way. The maximum penalty for first-degree felony aggravated assault in Pennsylvania is 20 years in prison and/or a $25,000 fine.
A probable cause affidavit filed by police on Feb. 4 alleged that McKenna punched a man twice after “an exchange of words” on Jan. 31 near the entrance to a parking garage, sending the man to the hospital with a broken jaw and missing tooth and leaving blood on a sidewalk.
According to the affidavit, security camera footage showed McKenna leaving Doggie’s Pub shortly before the alleged assault. Cameras owned by the borough of State College captured the encounter, police said. Approximately 150 feet separate the pub entrance and the Pugh Street Parking Garage, according to Google Maps.
The alleged victim’s injuries were also not as extensive as described in the affidavit, according to the district attorney’s office.
The man is not missing a tooth and had two fractures to one side of his jaw, a fact confirmed by a police “follow-up,” according to the media release. In the affidavit, a police officer who met with the man in the hospital said he had fractures on both sides of his jaw and a missing tooth.