Owen McKenna, a former Norwich football captain, is no longer facing criminal burglary and assault charges related to an on-campus incident in September that led to his suspension from the university.
Washington County State’s Attorney Rory Thibault said Tuesday that he dropped the charges due to a lack of evidence and because of McKenna’s cooperation with the investigation into the incident, which involved three other football players who still face charges.
“Mr. McKenna, as evidence has shown, is not one of the principal actors in the overall incident and our focus remains on those other individuals at this time,” Thibault said in a phone interview Tuesday.
McKenna, a 21-year-old senior from Attleboro, Massachusetts, was charged on Sept. 12 with felony burglary and simple assault, charges that potentially carry more than 20 years in prison. He was accused of taking part in the assault of three Norwich students, one of whom ended up with serious cuts and bruising around his eye. The three victims said the four football players stormed into their dorm room over a $5 debt.
Ryan Shea, 22, who faces the most serious charges for his alleged role in the assault, is the only suspect still in the criminal court process, according to Thibault. Connor Shea, Ryan’s younger brother, and Michael Curran, another football player, have had their cases moved to another venue, he added — either family court for youthful offenders or diversion for non-criminal resolution.
All four players were suspended from Norwich, though McKenna was allowed to play on homecoming weekend before being kicked off the team.
Thibault said McKenna has done some community service and submitted a statement explaining how he would handle the situation differently if it happened again — notably by calling campus security rather than trying to intervene himself. He also agreed to withdraw a motion for youthful offender status, which would have moved the case behind closed doors.
“This was a case that attracted significant public attention,” the state’s attorney said. “I’m sure some people may be frustrated and feel there should be greater consequences here but I think the transparency of the outcome is important.”
The parents of one of the victims said they were disappointed by Thibault’s decision to drop the charges.
“The state’s decision doesn’t remove the fact that Owen was involved and did enter our son’s room without consent,” the parents said in a written statement, asking that their names not be used to conceal their son’s identity.
“It’s our understanding that the state believes, from other witness statements, that Owen may have been trying to intervene or break up the incident,” they added. “If that was true, why didn’t he report the incident or seek medical attention for our son?”
McKenna’s attorney, Brooks McArthur, said there were four neutral witnesses who corroborated McKenna’s recollection of the night — specifically that he entered the room attempting to make peace rather than joining in the assault.
“Even complaining witnesses never said anything other than they believed Mr. McKenna may have been involved but weren’t certain,” the attorney added.
One of the victims told police that after being beaten, he looked up and saw McKenna standing over him, leading him to believe he had taken part in the attack. Others said they assumed McKenna was part of the assault because he entered the room with his teammates.
McArthur blamed the Northfield Police Department for a shoddy investigation that led to serious charges filed against his client. “Had Northfield done even an adequate investigation in this case I suspect he would have never been charged,” he said.
A call to the Northfield Police Department Tuesday evening was answered by Vermont State Police, who recommended calling the department back Wednesday morning for comment.
Thibault said that in cases where violent offenses occurred, law enforcement authorities are under “immense pressure” to take swift action to prevent further violence or retaliation. “And here the Northfield Police Department conducted a prompt investigation to ensure these four individuals were brought before the court as soon as possible,” he said.
The prosecutor added that it’s unfortunate that evidence sometimes emerges to change charging decisions after those charges have been widely publicized, but said such outcomes are hard to avoid without a grand jury system that keeps proceedings confidential until further along in the investigative process.
McArthur said McKenna was not interested in speaking about the decision to drop charges.
“He’s a college kid who was working through his last year trying to join the military and suddenly he’s — everybody thinks now he’s a criminal,” the attorney said. “Turns out he’s not, so he’s having a difficult time with this.”
McKenna plans to apply to re-enroll at Norwich so he can finish out his senior year, McArthur added. (Norwich won’t comment on the case.)
The university’s administration found McKenna guilty of disregard for the safety of others and entering room in barracks without authority, according to a source familiar with the internal proceedings that followed the incident. He was suspended for two semesters, making his return possible next school year.
Read the story on VTDigger here: Prosecutor drops charges against suspended Norwich football captain.