Penn State hockey star Gavin McKenna passes on first chance to challenge assault charge
Penn State hockey star Gavin McKenna on Friday waived his preliminary hearing, passing up his first opportunity to challenge the evidence against him as he faces a misdemeanor assault charge for breaking a man’s jaw in downtown State College.
The hearing had been scheduled for Wednesday, the first day of the Big Ten men’s hockey tournament. His next court appearance is now scheduled for April 8.
Defense attorney Jason Dunkle declined comment when reached Friday by the Centre Daily Times. McKenna remains free on $20,000 unsecured bail.
It’s not publicly known if McKenna plans to apply for the Accelerated Rehabilitative Disposition program, which those accused of a crime must do at or before their preliminary hearing. The program allows successful participants to avoid jail time and potentially expunge their records.
McKenna, 18, is accused of breaking a 21-year-old’s jaw at the end of January, hours after he scored a goal in an overtime loss to Michigan State in front of nearly 75,000 in Beaver Stadium.
Borough police said in an affidavit of probable cause that McKenna met with others — it did not specify who or how many people — at Doggie’s Pub in downtown State College for a “hockey event.” Shortly after leaving, police said there was an “exchange of words” between the man, his friends and the group McKenna was with.
The specifics were not detailed in the affidavit and Centre County District Attorney Bernie Cantorna largely declined to shed light on what was said, adding only that an argument “never is justification for physical violence against another human being, let alone physical violence that results in a fractured jaw and surgery.”
A source with knowledge of McKenna’s perspective previously told the Centre Daily Times that the man began heckling McKenna and his mother after the game, and the situation escalated when the person began name-calling his mother.
A borough police officer said video footage showed McKenna punch the man in the face twice, leaving blood on the pavement. Cantorna said the man had two fractures on one side of his jaw and had surgery to correct it. Borough police also said the man’s jaw would need to be wired shut for about two weeks.
McKenna, the consensus first overall pick in the upcoming NHL draft, was originally facing a felony aggravated assault charge, but it was dropped by Cantorna, who said a review of footage showed it was not supported.
Police often consult with prosecutors before filing charges in serious cases, but Cantorna said at a press conference that it didn’t happen in McKenna’s case and that his office reviewed documentation after the charges were filed.
In addition to the misdemeanor assault charges, McKenna is also facing summary offenses of harassment and disorderly conduct. If convicted, it’s possible — if not likely — that McKenna avoids jail time.
Penn State hockey did not suspend McKenna. Coach Guy Gadowsky said McKenna would continue to participate in all athletic-related activities. He declined further comment.
No. 6 Penn State is scheduled play No. 11 Wisconsin at 6 p.m. Friday at Pegula Ice Arena. It is the Nittany Lions’ final game of the regular season.
