Gavin McKenna Waives Arraignment: What It Means Moving Forward

Penn State hockey player Gavin McKenna has waived his formal arraignment in Pennsylvania court, a procedural step that moves his criminal case forward without requiring him to appear in person for that hearing.

The likely first overall pick in the upcoming NHL entry draft, McKenna is facing misdemeanor charges arising from an alleged altercation in Pennsylvania.

Formal Arraignment Explained

A formal arraignment is the stage where a defendant is officially advised of the charges, enters a plea (guilty or not guilty), and the case is then formally set on the path toward pretrial proceedings.

In practice, the defendant’s lawyer confirms receipt of the charges, and a not guilty plea is generally entered automatically. The purpose is largely for procedural efficiency, allowing the case to proceed without an additional court date that rarely changes the direction of the matter.

So waiving formal arraignment is a routine procedural step rather than a substantive turning point. It does not resolve the charges or signal a strategy – and it leaves all potential outcomes on the table, including dismissal, diversion, a plea agreement or trial.

So for McKenna, the waiver does not affect the substance of the allegations against him. Instead, it advances the case into the pretrial phase of the criminal process. At this stage, both sides typically engage in more substantive preparation, including the exchange of evidence, discussions between defence counsel and prosecutors, and consideration of whether the matter can be resolved without a trial.

Possible Outcomes

It is also at this point that potential alternative resolutions are explored. One option in Pennsylvania is Accelerated Rehabilitative Disposition, commonly known as ARD. If approved by the prosecution and the court, ARD may be available to certain eligible first-time offenders and can include conditions such as probation, counselling or community service. Successful completion generally results in the charges being dismissed and may allow for expungement. Admission, though, is discretionary and depends on both the prosecution’s position and the nature of the allegations.

If no diversion or plea agreement is reached, the case would continue through the pretrial process and could eventually proceed to trial. With misdemeanor cases, resolution occurs before a jury is ever selected. Whether McKenna’s case follows that path will depend on negotiations, evidentiary issues, and decisions made by both the defence and the prosecution in the coming weeks or months.

For McKenna, the case does have a profile for a negotiated resolution or early disposition. He is facing only misdemeanor charges and expect he will raise the self-defence argument. His defence counsel is also likely telling to prosecutors that no jury will convict McKenna given the claim that he was acting to protect his mother, while also being harassed by the victim. Plus he’s a first time offender.

So expect the charges to be dismissed and McKenna to walk without a criminal record.