“On February 4, 2026, the State College Police Department filed a criminal complaint charging Gavin McKenna with Felony Aggravated Assault, Misdemeanor Simple Assault, Summary Harassment and Summary Disorderly Conduct. 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. 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.
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. 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. Accordingly, the District Attorney’s Office will be withdrawing the felony count of Aggravated Assault and correcting the record regarding the injuries suffered by the victim. A review of the ano does not support a conclusion that Gavin McKenna acted with the intent to cause serious bodily injury or with reckless indifference to the value of human life.”