[News] Gavin McKenna facing charges for assault UPD: felony charge withdrawn

[Buff]

He's back to top 3 already.

[dino7c]

imagine thinking he was going to jail for this lol

I guess us internet lawyers aren't so bad

[FlamesAddiction]

Originally Posted by The Cobra

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.

I feel like this is getting into semantics at this point, but the threat of harm is provocation (as in something that compels you to action) that could be used justify using self defense. Not all provocation would justify violence, but provocation that requires self defense could. The legal argument would be "self defense", not "provocation", but I am using the word as it's dictionary meaning, not as the legal defense in itself.

The court would have to decide whether the provocation met that threshold where self defense become the legal defense. Obviously calling someone's mom a bad name wouldn't meet that, but if he also made threats, that type of provocation could meet it (maybe). So yes, provocation could be part of a defense because there is a lot of real estate in there for what provocation can mean. For example, holding a fist or a weapon to someone would seem like provocation that would lead a reasonable person to act in self defense, i.e. they were provoked to defend themselves. Like if someone pulled a gun out and threatened to shoot me, I would feel pretty provoked into self defense. I am not saying you would get off 100% scott free, but it could change how the court applies penalties against you.

[TrentCrimmIndependent]

Originally Posted by Buff

He's back to top 3 already.

Quite an elaborate ploy just to gain truculence points with scouts, I must say.

[Roko]

He is not out of the woods yet but this is the start of this likely going away

[TrentCrimmIndependent]

Tough day for Sabi after virtually everything he claimed was revealed to be incorrect.

Right down to McKenna's heritage.

[Enoch Root]

Make stupid accusations, win stupid prizes

[PepsiFree]

Originally Posted by Monahammer

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

Yeah, probably pointless to debate the fraternity system here but knowing a lot of friends who were part of it I can’t say I see any real similarity to cults or cult followers.

[TrentCrimmIndependent]

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.

I would imagine it's insufferable being a high profile athlete in a US college, and a foreign one at that.

Probably so many fake tough guys and trust fund babies that are green with envy over the fact that you're there for being exceptional at something and doing it by your own merit, on the way to an illustrious career.

If he comes out of this relatively unscathed it will be a huge learning experience about the pressures of being in the spotlight. Hopefully serves to keep him out of similar trouble in the future.

This should also be a lesson for people who insinuate guilt based on charges (especially within 24 hours of them being pressed with no evidence available), but sadly this in all likelihood won't deter them from employing the same rash assumptions next time either..

[The Fonz]

https://twitter.com/user/status/2019556252611698806

[Bonded]

Originally Posted by PepsiFree

Yeah, probably pointless to debate the fraternity system here but knowing a lot of friends who were part of it I can’t say I see any real similarity to cults or cult followers.

It is definitely cliquey and bro-ey but not much of a cult lol.

[blankall]

Originally Posted by TrentCrimmIndependent

I would imagine it's insufferable being a high profile athlete in a US college, and a foreign one at that.

Probably so many fake tough guys and trust fund babies that are green with envy over the fact that you're there for being exceptional at something and doing it by your own merit, on the way to an illustrious career.

If he comes out of this relatively unscathed it will be a huge learning experience about the pressures of being in the spotlight. Hopefully serves to keep him out of similar trouble in the future.

This should also be a lesson for people who insinuate guilt based on charges (especially within 24 hours of them being pressed with no evidence available), but sadly this in all likelihood won't deter them from employing the same rash assumptions next time either..

You're treated like a celebrity. I don't think "insufferable" is the right word. Maybe if you were a highly introverted and private person.

Otherwise, you're getting everything thrown at you, when most people are struggling to get by. You can even now make loads of cash. McKenna supposedly signed a $700k USD NIL deal.

I'm sure the occasional drunk guy lips you off, but McKenna's life is probably overall pretty nice.

[Jbo]

Sabi in shambles today lol

[TrentCrimmIndependent]

Originally Posted by blankall

You're treated like a celebrity. I don't think "insufferable" is the right word. Maybe if you were a highly introverted and private person.

Otherwise, you're getting everything thrown at you, when most people are struggling to get by. You can even now make loads of cash. McKenna supposedly signed a $700k USD NIL deal.

I'm sure the occasional drunk guy lips you off, but McKenna's life is probably overall pretty nice.

Depends on your personality, as you say.

That experience isn't the same for everybody.

Then add that he struggled out of the gate and was getting jeered nightly, while being a teenager far from home in a country that's going down the tubes societally. The $700k isn't going to soften that unorthodox and pressure-packed experience for every kid.

He doesn't strike me as particularly extroverted either.

I'm sure it's more complicated than you've made it out to be from the outside. Money doesn't erase mental struggles if they are present. In fact, it can exacerbate them.

[Reggie28]

Could the prosecution drop the charges due to it “not being in the public interest”?



“A prosecution may have a disproportionate impact upon a suspect, including loss of livelihood, professional disciplinary proceedings, the inability to travel to certain countries and the involvement of the Disclosure and Barring Service.”

https://www.olliers.com/news/prosecu...est-prosecute/

[SuperMatt18]

Maybe the whole thing is a ploy to have McKenna drop to one of the Penguins picks

#ConspiracyTheory

[GioforPM]

Originally Posted by Reggie28

Could the prosecution drop the charges due to it “not being in the public interest”?



“A prosecution may have a disproportionate impact upon a suspect, including loss of livelihood, professional disciplinary proceedings, the inability to travel to certain countries and the involvement of the Disclosure and Barring Service.”

https://www.olliers.com/news/prosecu...est-prosecute/

This is a UK site. All it's really saying is that you can plead with the Crown to drop a case if it causes you to lose your livelihood (e.g. in the travel context, a 50 year person who makes a living transporting goods across the border). The issue would be that McKenna does not have a job right now, and a 19 year old studying whatever he is studying is not devoid of career prospects.

What is more likely is that travel issues play into a negotiation between prosecutor and defence for a resolution short of a criminal conviction. Usually those are things like peace bonds etc, which probably don't apply here.

[Manhattanboy]

Originally Posted by HitterD

Exaggerated Assault.

Was there video?

[Bill Bumface]

Originally Posted by cam_calderon

Insiderrr fotze

Insider fotze? I hardly know 'er!


Danke! Ich bin den ganzen Abend hier!

[HitterD]

Originally Posted by Manhattanboy

Was there video?

Nothing released publicly as far as I know, but the District Attorney did state that they reviewed the video evidence of the incident, so i'm assuming they must have gained access to some security footage of some sort