Could Penn State hockey’s Gavin McKenna face jail time if convicted? What PA law, experts say
Penn State hockey phenom Gavin McKenna is facing a felony assault charge that carries a maximum penalty of 20 years in prison, but he is unlikely to receive anything close to that if he’s convicted.
Pennsylvania’s sentencing guidelines — which give judges recommendations as a starting point — call for a minimum of between three and four years in prison for a first-time offender facing the same lead charge as McKenna.
But even that doesn’t paint the full picture and is premature.
Centre County prosecutors have wide discretion in handling the case, with options including a withdrawal or modification of the charges, a plea deal, a diversionary program and more. There’s also the possibility that McKenna avoids a conviction altogether.
Centre County District Attorney Bernie Cantorna declined comment Wednesday when reached by the Centre Daily Times.
“Every sentencing in Pennsylvania, unless a mandatory minimum is involved, is an individualized sentencing based on the facts of the case and based on the character and background of the particular defendant,” said Cumberland County attorney John “Jay” Abom, who is not connected to the case.
A crash course in Pennsylvania’s judicial system
Criminal convictions in Pennsylvania are assigned an offense gravity score, a numerical value that reflects the seriousness of a crime and helps judges determine sentences more consistently.
Murder, for example, is assigned a much higher numerical value than retail theft. When combined with other factors, such as a person’s prior record, it produces a recommended sentencing range.
Judges can deviate from the guidelines in either direction if they find there are aggravating or mitigating circumstances. If they do, they’re expected to explain their rationale in court.
“A judge is trying to look at all aspects — the harm to the community, the need for rehabilitation and punishment,” said Philadelphia defense attorney Brianna Shaw, who also is not connected to the case. “While the guidelines are a helpful tool for judges to make sure that sentencing is somewhat uniform, judges are looking for very specific things in each defendant to either mitigate or aggravate the sentence and make it personal and specialized to them.”
So while McKenna’s felony aggravated assault charge — according to the state’s sentencing guidelines for a first-time offender — calls for a minimum of between three and four years in prison, the misdemeanor simple assault charge he’s also facing calls for two years of probation.
He’s also charged with two summary offenses that start with a baseline of one year of probation. Each of those charges could change, but a decade or more in prison, if convicted, is unlikely.
McKenna’s status on Nittany Lions is unclear
No defense lawyer was listed for McKenna as of Thursday afternoon and it is unclear if he has a defense attorney who could speak on his behalf.
The consensus first overall pick in this June’s NHL draft is accused of breaking a man’s jaw Saturday in downtown State College, hours after the 18-year-old Canadian scored a goal in an overtime loss against Michigan State in front nearly 75,000 fans in Beaver Stadium.
Borough police said in an affidavit of probable cause that the man McKenna punched had surgery Monday to repair fractures to both sides of his jaw, which will remain wired shut for about two weeks. He also lost a tooth.
A source with knowledge of McKenna’s perspective told the CDT Wednesday that the man began heckling McKenna and his mother after the game, and the situation escalated when the person began name-calling his mother.
McKenna was arraigned Wednesday night by District Judge Casey McClain, who released him on $20,000 unsecured bail. His status on the Nittany Lions is unclear; a Penn State hockey spokesperson did not offer a direct response when contacted by the CDT.
“We are aware that charges have been filed; however, as this is an ongoing legal matter, we will not have any further comment,” the spokesperson wrote in an email to the CDT.
His preliminary hearing is scheduled for Feb. 11, two days before Penn State’s next game at Michigan.