Prosecutor: Army vet beaten was 'initial aggressor' - New York News

Prosecutor: Army vet beaten was 'initial aggressor'

Posted: Updated:
WESTLAND, Mich. (WJBK) - After a thorough investigation, prosecutors have determined the assault of a army veteran in Westland was instigated by the victim, Adam Wagner.

The incident began around 2 a.m. April 3 outside a 7-11 on South Venoy Road when a group of men were said to have noticed Wagner's military ID, which was said to have prompted them to start making derogatory comments about the U.S. Military.

Police arrested three people on Saturday, April 5. After questioning the subjects they sent their findings to the Wayne County Prosecutor's Office, which determined no criminal charges will be issued against any of the three subjects involved.

Wayne County Prosecutor's Office provided the following reason for denial:

"The complainant was the initial aggressor. The complainant was at all times the aggressor in this situation. The complainant initiated a mutual affray with the three defendants. He had several opportunities to leave the area and disengage from the situation. The complaint said that he did not want to get back into his car that was parked in the 7-11 parking lot because he did not want a DUI. This directly contradicts his statements to me that he was not intoxicated and fine to drive following an evening spent at two bars. The complainant claims that he followed the defendants because he was merely keeping an eye on the defendants so that he could point them out to the police. This could have been done from the safety of his car."

Prosecutor Kym Worthy also released this statement, explaining the details of the situation:

“The alleged facts in this case that are credible and supported by evidence in no way support a charge of any kind in this case. The complaining witness is a  military veteran who was the initial aggressor in a fight with three men. The complainant  was the largest man  and he began the fight by striking the smallest of the three men. After being hit the smallest man fled the scene. A fight continued with the complainant and the other two men. This is where this whole scenario should have ended, since the two men fled the scene. The complainant then continued to pursue them for over a half mile on foot while the two men tried  to hide from him. When the complainant found the men, he started the fight all over again. During the altercation the complainant sustained some injuries consistent with a fist fight, but was treated at a hospital and was released. Since the veteran was the initial and only aggressor, the actions of the other three men are not a crime and we are declining to issue any charges.       
You cannot in this state start a fight, and when others disengage, track the people down to continue the fight and then claim that you were the victim.”


The three subjects have been released from Westland Police custody.
  • Download the FOX 2 Apps


  • FOX 2 News Five-Day Forecast
  • Local NewsLocal NewsMore>>

  • Andy Golub's NYC Bodypainting Day

    Andy Golub's NYC Bodypainting Day

    Wednesday, July 30 2014 10:43 PM EDT2014-07-31 02:43:52 GMT
    The saying art is autobiographical takes on a whole new meaning when your canvas is a fully nude human body, as it is for artist Andy Golub. Andy along with 30 other artists and 45 Technicolor models paraded around several Manhattan hotspots over the weekend for NYC Body Painting day. Believe or not, this is completely legal in New York City.
    The saying art is autobiographical takes on a whole new meaning when your canvas is a fully nude human body, as it is for artist Andy Golub. Andy along with 30 other artists and 45 Technicolor models paraded around several Manhattan hotspots over the weekend for NYC Body Painting day. Believe or not, this is completely legal in New York City.
  • Protestors rally against NYPD's 'broken windows' policing

    Protestors rally against NYPD's 'broken windows' policing

    Wednesday, July 30 2014 10:07 PM EDT2014-07-31 02:07:39 GMT
    Emotions about police brutality were still raw at a protest in Harlem Wednesday night. Eric Garner died after police put him in an apparent choke hold. Cops stopped garner for the minor offense of selling loose cigarettes in Staten Island. Officers had been enforcing the so-called broken windows policy.
    Emotions about police brutality were still raw at a protest in Harlem Wednesday night. Eric Garner died after police put him in an apparent choke hold. Cops stopped garner for the minor offense of selling loose cigarettes in Staten Island. Officers had been enforcing the so-called broken windows policy.
  • Fatal skydiving accident on Long Island

    Fatal skydiving accident on Long Island

    Wednesday, July 30 2014 9:13 PM EDT2014-07-31 01:13:49 GMT
    Police on Long Island say one person has died and another has been seriously injured in a skydiving accident. Riverhead police say it happened at about 4 p.m. Wednesday at Skydive Long Island in Calverton. Police say the injured person was airlifted to Stony Brook University Hospital in critical condition.
    Police on Long Island say one person has died and another has been seriously injured in a skydiving accident. Riverhead police say it happened at about 4 p.m. Wednesday at Skydive Long Island in Calverton. Police say the injured person was airlifted to Stony Brook University Hospital in critical condition.
Powered by WorldNow
Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices