[News] Gavin McKenna facing charges for assault UPD: felony charge withdrawn

[Geeoff]

Can he skate with an ankle bracelet?

[blankall]

Originally Posted by The Cobra

Provocation is not a defence to assault. He will need to use self defence, that he punched because he had a reasonable belief he ( or his family) was in imminent physical danger.

Provocation can be used to reduce murder to manslaughter.

Provocation still plays a large role in sentencing. Could be the difference between jail time or not.

[FlamesAddiction]

Originally Posted by AustinL_NHL

GM's usually need to have a decent background in law, but even then, if they don't, either somebody else in the organization would/shoul.

You can bet all 32 teams (but even more specifically, the teams at the top of the draft) would due their legal due diligence before selecting him.

But even then, say he's sentenced to even a year or two (<0.00001% in my personal opinion), he's still gonna be drafted top 3 lol. Say he was sentence to 5 years (lols), he's still easily a 1st round pick off of pure talent and the following 10+ years of his career he'd provide from potential/hype/talk/marketing/etc.. alone (damn, imagine his physical maturation with a couple years of prison time lol).

And on another hand, is it impossible to foresee a future in which - if the McKenna sticking up for his mom story turns out to be true - McKenna is getting bonkers sponsorships from companies that lean on family/loyalty/character/etc.? I don't personally think so.

But then again, I'm just waiting for the full facts to come out before passing judgement

I think my level of risk is just lower than yours. If the legal stuff is still in limbo by the draft, I think a top 3 draft pick is too value to gamble on the U.S. justice system right now, particularly for a foreigner.

I am trying to think of comparable situations. Slava Voynov pled no contest to misdemeanor domestic assault, spent 90 days in jail, had his visa revoked, and deportation proceedings started immediately after.

I recall Probert couldn't enter Canada for a few years when he played for Chicago after drug charges. That one was weird to me because he was a Canadian, but was barred from entering Canada by INS. I never really understood that one.

This isn't something that happens very often, so I just wouldn't take anything for granted at this point and especially considering the current political environment. If the prosecution refuses to accept a lower plea and he is awaiting trial when the draft is on, I'd be apprehensive to blow a top 3 pick on him. I'd still draft him at 4 or 5 though... probably depending on what additional facts ae known by then.

Punching someone out for being a dick isn't really a huge consideration for me, it's just the legal and immigration stuff that I would need more certanty on.

[Toonage]

Its been quite the rollercoaster

[sureLoss]

Originally Posted by Tbull8

So does this mean he still has to potentially settle with the victim? but there is no criminal charge?

Still facing 3 charges.

Regardless, lack of criminal prosecution doesn't mean civil action cannot still take place.

[Reign of Fire]

https://twitter.com/user/status/2019838120230039730

Pretty sure I was sureloss’d, didn’t go back and check through previous posts


Sent from my iPhone using Tapatalk

[taxbuster]

Originally Posted by sureLoss

News Update

https://twitter.com/user/status/2019838120230039730

Not surprising, because in the time between "the cops" and "the court" the file would have been reviewed by prosecutors to determine the likelihood of conviction. Where there is little or none, they'd drop the charge (as they would (OK "should") likely do for anyone.

[sureLoss]

Reason they are dropping the Aggravated Assault charge:

https://twitter.com/user/status/2019846769530847740

[blankall]

Originally Posted by InternationalVillager

One further thing I will say this that highly touted players should really think hard about whether they really want to go this NCAA route. The US is a whole different beast. The college culture is completely different. Not sure if its the best idea to be in that environment in your draft year if you've spent your entire life in Canada and are coming up in the Junior league.

My opinion is based largely on instagram videos, but there seems to be an awful lot of just total a-hole college kids in the USA. Kids dressed in pastel polo shirts, acting like small children and bragging about how rich their parents are. I'm assuming it's the cost of university and the frat boy culture that makes things seem so much worse in the USA?

At UBC they had a frat, but it was more of a joke. Half the guys were grad students and most were just there because they didn't have friends to share a place with. There certainly wasn't a pledge process.

[FlamesAddiction]

Originally Posted by The Cobra

Provocation is not a defence to assault. He will need to use self defence, that he punched because he had a reasonable belief he ( or his family) was in imminent physical danger.

Provocation can be used to reduce murder to manslaughter.

This post contradicts itself. Provocation can be used as a defense to assault if that provocation would lead a reasonable person to assume they were in danger. Which is what I meant when I said the court would have to decide if the provocation would be enough that a reasonable person would use violence.

[UKflames]

Moral of this story, don't mess with hockey player, they punch hard

[Monahammer]

Originally Posted by blankall

My opinion is based largely on instagram videos, but there seems to be an awful lot of just total a-hole college kids in the USA. Kids dressed in pastel polo shirts, acting like small children and bragging about how rich their parents are. I'm assuming it's the cost of university and the frat boy culture that makes things seem so much worse in the USA?

At UBC they had a frat, but it was more of a joke. Half the guys were grad students and most were just there because they didn't have friends to share a place with. There certainly wasn't a pledge process.

There are greek systems at many Canadian schools. U of C has a few "Frats" even.

It is very different here than in the states though.

It's not "frat" culture that makes the school culture different on it's own though, fraternities and sororities are just microcosms of the larger campus cultures.

[PeteMoss]

Originally Posted by FlamesAddiction

I think my level of risk is just lower than yours. If the legal stuff is still in limbo by the draft, I think a top 3 draft pick is too value to gamble on the U.S. justice system right now, particularly for a foreigner.

I am trying to think of comparable situations. Slava Voynov pled no contest to misdemeanor domestic assault, had his visa revoked, and deportation proceedings started immediately after.

I recall Probert couldn't enter Canada for a few years when he played for Chicago after drug charges. That one was weird to me because he was a Canadian, but was barred from entering Canada by INS. I never really understood that one.

This isn't something that happens very often, so I just wouldn't take anything for granted at this point and especially considering the current political environment. If the prosecution refuses to accept a lower plea and he is awaiting trial when the draft is on, I'd be apprehensive to blow a top 3 pick on him. I'd still draft him at 4 or 5 though... probably depending on what additional facts ae known by then.

Punching someone out for being a dick isn't really a huge consideration for me, it's just the legal and immigration stuff that I would need more certanty on.

Both of those cases were miles different than some kind of street fight or whatever it was. Voynov beat his wife. Probert was arrested taking drugs across the border.

Our current AHL coach was arrested for punching a cab driver in Arizona. He ended up being fined $323.60 and it never came up again. This is likely something similar. https://globalnews.ca/news/64064/cal...police-report/

[TrentCrimmIndependent]

Well so much for that. Incident was exaggerated I guess.

[FlamesAddiction]

Originally Posted by PeteMoss

Both of those cases were miles different than some kind of street fight or whatever it was. Voynov beat his wife. Probert was arrested taking drugs across the border.

Our current AHL coach was arrested for punching a cab driver in Arizona. He ended up being fined $323.60 and it never came up again. This is likely something similar. https://globalnews.ca/news/64064/cal...police-report/

They are all different so there isn't a direct comparable. I don't think Brett Sutter put the cabbie in hospital requiring surgery after.

No one knows how is will go at this point. Fortunately the draft isn't for another 5 months, and hopefully there will be a better idea by then. Right now though, we can't assume that the full letter of the law won't apply to him.

[HitterD]

Originally Posted by TrentCrimmIndependent

Well so much for that. Incident was exaggerated I guess.

Exaggerated Assault.

[TrentCrimmIndependent]

Originally Posted by HitterD

Exaggerated Assault.

Pretty much.

Still bad, but not felony bad.

[The Cobra]

Originally Posted by FlamesAddiction

This post contradicts itself. Provocation can be used as a defense to assault if that provocation would lead a reasonable person to assume they were in danger. Which is what I meant when I said the court would have to decide if the provocation would be enough that a reasonable person would use violence.

It's doesn't.

Provocation is not the defence, self defence would be.

If the actions of the victim were such that Mckenna was of the reasonable belief he was in physical danger, he could punch. That's self defence, not provocation.

[Puppet Guy]

Originally Posted by Monahammer

There are greek systems at many Canadian schools. U of C has a few "Frats" even.

It is very different here than in the states though.

It's not "frat" culture that makes the school culture different on it's own though, fraternities and sororities are just microcosms of the larger campus cultures.

In my experience the types of people who belonged to frats are the same type who join cults - lack of personal identity and a need for validation.

[Monahammer]

Originally Posted by Puppet Guy

In my experience the types of people who belonged to frats are the same type who join cults - lack of personal identity and a need for validation.

That is not my experience at all, but I don't know who you know.