Penn State hockey star Gavin McKenna will not face a felony assault charge after allegedly striking another man in the face twice during an altercation last weekend.
A criminal complaint filed Wednesday by the State College Police Department charged McKenna with first-degree felony aggravated assault — which in Pennsylvania is punishable by up to 20 years in prison and $25,000 in fines — as well as misdemeanor simple assault, summary harassment and summary disorderly conduct.
The District’s Attorney’s Office of Centre County, Pa., said Friday that it is withdrawing the felony assault charge against the 18-year-old Canadian, who is expected to be one of the top picks in this year’s NHL draft,
“In order to establish probable cause for the crime of Aggravated Assault, the Commonwealth must establish that a person acted with the intent to cause serious bodily injury or acted recklessly under circumstances showing an extreme indifference to the value of human life,” the DA’s office said in a news release.
“Both the District Attorney’s Office and the State College Police Department have reviewed video evidence of this incident and do not believe that a charge of Aggravated Assault is supported by the evidence.”
The office added that “prosecution will go forward with the misdemeanor Simple Assault and other summary charges as they relate to the serious injuries suffered by the victim.”
The alleged incident took place around 8:45 p.m. Saturday near the Penn State campus, hours after McKenna had a goal and two assists during the Nittany Lions’ 5-4 overtime loss to Michigan State in an outdoor game played at Beaver Stadium.
“The complaint alleges that the victim was punched twice on the right side of his face by the defendant following an exchange of words between the alleged victim’s group and the group of people with Gavin McKenna,” prosecutors wrote. “The complaint further alleges that the victim sustained fractures to both sides of his jaw which would require surgery and that he was missing a tooth.
“Follow-up by State College Police has confirmed that the victim suffered two fractures to one side of his jaw, as opposed to both sides of his jaw, and that he is not missing a tooth. The victim has had surgery and is recovering.”
WASHINGTON — One of the brothers of Renee Good, the 37-year-old mother of three who was shot and killed by an immigration agent in Minneapolis, told congressional Democrats on Tuesday that he needed their help.
Luke Ganger said their family had taken some consolation in the thought that his sister’s death might spark a change.
“It has not,” he said.
That is why Ganger and people who had been violently detained by immigration agents gathered to share their experiences with ICE and to ask the government to rein in an agency they described as lawless and out of control.
Tuesday’s forum — not an official hearing because Republicans did not agree to it — was led by Rep. Robert Garcia (D-Long Beach), the top Democrat of the House Oversight Committee, and Sen. Richard Blumenthal (D-Conn.), the top Democrat of the Senate Permanent Subcommittee on Investigations. It was held not in the Capitol, but a nearby Senate office building.
Garcia and Blumenthal convened the forum to gather testimony “on the violent tactics and disproportionate use of force by agents of the Department of Homeland Security.”
All of the incidents referenced in the forum were captured on video.
Democrats heard from three U.S. citizens who are residents of San Bernardino, Chicago and Minneapolis. Also present were Good’s two brothers and an attorney representing their family.
Good’s killing on Jan. 7 has led to a wave of national protests — further inflamed after agents fatally shot ICU nurse Alex Pretti, 37, two weeks later. Protesters have called on federal agents to stop using violence in pursuit of the Trump administration’s mass deportation effort.
From left, Sen. Richard Blumenthal (D-Conn.), Luke Ganger and Brent Ganger arrive to a public forum on violent use of force by Department of Homeland Security personnel.
(Win McNamee / Getty Images)
“Let’s be very clear: these stories are not just about Minneapolis,” Blumenthal said. “These stories span the country.”
Blumenthal called for a “complete overhaul, a rebuilding” of the Department of Homeland Security and its sub-agencies. Such an overhaul, he said, would require body-worn cameras, that officers wear identification and rigorous use-of-force training and policies; acts of violence would require full investigations under the supervision of an independent monitor. Without those reforms, he said he wouldn’t support more funding for DHS.
Ganger said the “surreal scenes” taking place in Minneapolis and beyond are not isolated and are changing many lives.
“The deep distress our family feels because of Renee’s loss in such a violent and unnecessary way is complicated by feelings of disbelief, distress and desperation for change,” he said.
Ganger said his family is “a very American blend” that votes differently and rarely agrees fully on the details of what it means to be a citizen of the U.S. Despite those differences, he said, they have always treated each other with love and respect.
“We’ve gotten even closer during this very divided time in our country,” he said. “We hope that our family can be even a small example to others not to let political ideals divide us.”
The panel heard from Martin Daniel Rascon, of San Bernardino, and three others who described harrowing experiences with immigration agents. Rascon was in a truck with two family members last August when they were stopped by more than a dozen federal agents who pointed rifles at them, shattered a window and then shot at the car multiple times.
Francisco Longoria, the man driving the truck and Rascon’s father-in-law, was later arrested and charged by federal authorities, who alleged he had assaulted immigration officers with his truck during the incident. Longoria’s attorneys said he drove off because he feared for his safety. The charges were dropped a month later.
Marimar Martinez, 30, of Chicago, was shot five times by U.S. Customs and Border Protection agents and then labeled a domestic terrorist and charged with assaulting the agents who shot her. Those charges were also later dropped.
“I’m angry on your behalf, Miss Martinez,” said Rep. Ro Khanna (D-Fremont). “Tell me, what do you want this government to do to apologize to you?”
“I’m sorry. You’re not a domestic terrorist,” she said. “That’s it. For them to admit that they were wrong about everything that they said about me. I just want accountability.”
Aliya Rahman, of Minneapolis, was dragged from her car on the way to a doctor’s appointment and detained by ICE agents after telling them she has a disability. Rahman has autism and is recovering from a traumatic brain injury.
DHS said Rahman was arrested because she ignored multiple commands. Rahman said it takes time for her to understand auditory commands.
Rahman said agents yelled threats and conflicting instructions that she couldn’t process while watching for pedestrians. As she hit the ground face first, she said, she felt shooting pain as agents leaned on her back. She thought of George Floyd, who was killed four blocks away.
Rahman said she was never told she was under arrest or charged with a crime. The agents taking her to the federal Whipple Building referred to detainees as “bodies.” She said she received no medical screening, phone call or access to a lawyer, and was denied a communication navigator when her speech began to slur.
Eventually, she became unable to speak.
“The last sounds I remember before I blacked out on the cell floor were my cellmate banging on the door, pleading for a medic and a voice outside saying, ‘We don’t want to step on ICE’s toes,’” she said.
Rahman said she later woke up at a hospital, where doctors told her she had suffered a concussion.
Rep. Robert Garcia (D-Long Beach) speaks during a public forum on violent use of force by Department of Homeland Security personnel.
(Win McNamee / Getty Images)
Garcia called the forum a step toward accountability because Congress has the right to step in when constitutional rights are violated. He said Democrats have tracked at least 186 incidents of problematic uses of force by federal immigration agents.
“It’s important for the public to recognize that this administration has lied, has defamed and has smeared people that have been peacefully protesting,” he said.
Antonio Romanucci, the attorney representing Good’s family, and who also represented the family of George Floyd, said that while he has handled excessive force cases for decades, “this is an unprecedented and deeply unsettling time.” Floyd was murdered by a Minneapolis police officer in 2020.
“The occupation by ICE and CBP in our cities is way beyond their mission, leading to unnecessary provocation that causes needless harm and death,” he said. “These operations in multiple states have routinely and consistently included violations of the Constitution.”
The current path to hold federal officers accountable is narrow, he said. Congress could pass legislation to add language making it easier for people to file civil lawsuits in cases such as Good’s.
Jan. 29 (UPI) — The National Highway Transportation and Safety Administration is investigating an incident in which an autonomous Waymo taxi struck and injured a child last week in Santa Monica, Calif.
The child was injured Friday after they ran into the street and was struck by an autonomous Waymo taxi about two blocks from an elementary school during its morning drop-off hours, the NHTSA’s Office of Defects said.
“The child ran across the street from behind a double-parked SUV towards the school and was struck by the Waymo AV,” NHTSA officials said in a document on the matter.
The child stood up after being struck and walked to the sidewalk as Waymo officials contacted local authorities to report the incident. The extent of the child’s injuries was not reported.
The autonomous vehicle remained in the spot where the incident occurred and stayed there until police cleared it to leave.
The agency said its Defects Investigation unit will determine if the driverless Waymo taxi “exercised appropriate caution given, among other things, its proximity to the elementary school during drop-off hours and the presence of young pedestrians and other potential vulnerable road users.”
Waymo officials said Wednesday they were committed to improving road safety for passengers and everyone who shares the road. Transparency regarding crashes and other incidents is a component of that commitment to safety, they said.
“Following the event, we voluntarily contacted the National Highway Traffic Safety Administration (NHTSA) that same day. NHTSA has indicated to us that they intend to open an investigation into this incident, and we will cooperate fully with them throughout the process.”
Waymo officials said the unidentified child “suddenly entered the roadway from behind a tall SUV, moving directly into our vehicle’s path.”.
“Our technology immediately detected the individual as soon as they began to emerge from behind the stopped vehicle,” Waymo officials said.
“The Waymo driver braked hard, reducing speed from approximately 17 mph to under 6 mph before contact was made.”
While the autonomous taxi struck the child, Waymo officials said a similar vehicle driven by a human likely would have struck the child at about 14 mph instead of less than 6 mph.
“This event demonstrates the critical value of our safety systems,” Waymo said. “We remain committed to improving road safety where we operate as we continue on our mission to be the world’s most trusted driver.”
Friday’s incident was the second for Waymo during the past week in California.
Another of its vehicles on Sunday struck several parked vehicles while traveling on a one-way street near Dodger Stadium in Los Angeles.
That vehicle was being operated in manual mode by a driver when the crash occurred, and no injuries were reported.
Tech firm Alphabet owns Waymo, as well as Google and other subsidiary companies.