Looks like today was just a brief scheduling conference.
I think it's bad news for McKinnie that he hasn't been able to reach a plea deal yet.
These charges are much more serious than a possible four game suspension like most people seem to be speculating, and if the witnesses are cooperating with the prosecutors it's going to be hard for him to win his case.
Here's a brief rundown of what he's facing with the aggravated battery charges:
There is no question that if he was in a fight, then he committed a battery (battery statute
If a battery is committed with a deadly weapon, then it is an aggravated battery (aggrevated battery statute
A weapon is a 'deadly weapon' if it is used in a way that is likely to cause serious bodily harm (slip opinion - dog is a deadly weapon
), which almost certainly would include using a pole as a club.
Since the evidence appears to be overwhelming that McKinnie actually did commit an aggrevated battery, his only realistic way out is if his use of force was justified.
If McKinnie was defending himself, then he is justified in using force to the extent that he reasonably believed it was necessary to defend himself (self-defense statute
That means that even if he was justified in punching the other guy, he was not necessarily but might have been justified in using the pole.
However, even if McKinnie was defending himself, if he is found to have started the fight then he would not be able to claim self-defense (agressor statute
Because McKinnie returned to the club hours after being asked to leave with police present, it will likely be very difficult for him to convince a jury that the bouncer started the fight.
If McKinnie is found guilty of aggrevated battery, he could face up to 15 years imprisonment (general penalties
New offenders in Florida average between 3-4 years of prison time for crimes such as aggravated assault and battery (Florida Dept. of Corrections report
The other charges, such as resisting arrest, do not appear to be as big of a deal in terms of probable and potential jail time.