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Originally Posted by blankall
If that's the case....how is McKenna even being charged? Someone waiting for you outside and confronting you is pretty threatening to me. What other reason does he have to wait outside the bar than to attempt to fight?
We'll eventually see the tape, but if the other guy is waiting outside and then physically coming towards him, I'd say that grounds to throw a fist. I'm guessing there has to be more to it than this. McKenna was also likely with a group of people.
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Of course I don't know the local state laws on assault, and I'm too lazy to look them up, or the police procedures of the department that charged him but I can theorize that the charges were laid based on the severity of the injuries alone. Police lay the charge and leave it up to the local DA on if they want to proceed with the charges. No doubt the evidence of the assault is valid, regardless of how and why it happened, it happened and that wont be a disputed fact (so the police laid the charge) now its up to the DA to figure out the rest of the story and figure out how to proceed.