Swampscott man denies assault charge on alleged car-break suspect

SWAMPSCOTT A local man who was charged with assault after he told police he found a known drug user breaking into his truck, pleaded innocent Thursday and welcomes his day in court, according to his attorney.”Is there a word for beyond surprised? I really believed that the facts of the case would be taken into consideration,” said Attorney Richard Chambers Jr., when asked if he was surprised that the case against client Anthony McKay was not dismissed. “(McKay)’s not denying that he hit the (victim). But the fact is, that guy didn’t get charged with assault. McKay has been advocating for his right to self-defense from the beginning. I will file a Motion to Dismiss on the next court date.”Steve O’Connell, a spokesperson for District Attorney Jonathan Blodgett’s office, said that the office had only received the case on the day of the hearing and was in the process of reviewing the materials.”The police applied for complaint, the court magistrate found there was probable cause,” O’Connell said. “Right now, we are in the office of reviewing all the facts and circumstances of the case before determining the appropriate course of action.”The incident leading to McKay’s arrest occurred in the early morning of Oct. 15 outside McKay’s residence on Cherry Street.According to a report filed in Lynn District Court, Swampscott police received emergency calls from two individuals reporting that McKay had confronted a man who was breaking into his car. When police arrived they found McKay holding the suspected thief on the ground, the report notes.Christian Johnson, 30, of 162 Union St., Lynn, was arrested and charged with carrying a dangerous weapon, disorderly conduct, attempt to commit a crime, possession of a knife over 2 inches and a subsequent offense of possession of a Class A substance. Johnson was ordered held without bail on Oct. 20 due to drug dependency and previous charges.But McKay was also given a summons for assault and battery causing severe injury after punching Johnson and breaking his jaw, according to court documents. McKay and his attorney have maintained that he was acting in self-defense, telling police and the press that Johnson shoved him and then reached for a weapon during the confrontation.”He has said the same thing throughout he said he was asserting his right to self-defense,” Chambers said. “And I understand their argument that this guy was injured, but everybody keeps missing here is he said from Day 1 that he was shoved first.”But while Chambers asserts that state law officials missed the message about self-defense, that message has resonated online.A Support Anthony McKay Facebook page has been established and websites and blogs from all over New England have linked to media accounts of the story and the Facebook page, McKay’s older brother Ken Jr., said. A woman in Oregon also began an online petition for Blodgett to drop all the charges, which Chambers said have been elevated from a misdemeanor assault and battery to a felony of assault and battery causing serious harm. Ken McKay said he plans to collect signatures locally and hand the petition to Blodgett in person. He also started a protest page and is seeking support Senate Bill 661, An Act relative to the Common Defense. Sen. Stephen M. Brewer (D-Barre) filed the proposed legislation, which indemnifies occupants of “any place they have a right to be” from liability, arrest or prosecution, for death or injuries to an assailant if the occupants acted in self defense, according to the Massachusetts Legislature website. The bill was referred to the Joint Committee on the Judiciary.”We’re there to protest the sheer absurdity that Anthony defended himself against a known drug user, criminal yes, Anthony broke his jaw; but is it Anthony’s fault he has a glass jaw?” Ken McKay, Jr. said. “People in this state are absolutely fed up with the criminals having more rights than the citizens who pay their taxes, trying to make their living.”Chambers said that give