Attorney Dustin Sanchez details the Conor McGregor Incident of April 5th, 2018, which took place at a Press event for UFC 223 at Barclays Center in Brooklyn, New York.
Conor McGregor Assaults Bus Full of UFC Fighters
Here’s a quick video of the incident from TMZ. It seems that this attack was made because Conor McGregor was mad at Khabib Nurmagomedov for dissing McGregor’s friend Artem Lobov at another press venue.
Summary of the Incident
As per Dana White, UFC President, McGregor and his “goons” “stormed the building” accessed the loading docs and attacked busses carrying UFC fighters. Ultimately, Conor McGregor threw a loading dolly at a window, breaking it, and injuring Michael Chiesa with facial glass cuts. Ray Borg also suffered glass cuts to his eye. Both have been pulled from UFC 223.
Chiesa was pulled from the fight due to his injuries.
A decision was made by the New York State Athletic Commission to pull me from UFC 223. I’m devastated to say the least. @Showtimepettis I hope to run this match up ASAP, June 9th in your backyard. That’s all I have to say for now. Much love.
— Michael Chiesa (@MikeMav22) April 6, 2018
Other fighters pulled from UFC 223.
The fighters who were impacted by today’s Conor McGregor rampage by having their fights pulled — Alex Caceres, Brandon Moreno, Ray Borg, Anthony Pettis and Michael Chiesa — should be paid their full show/win/Reebok money. Let’s see if the UFC does the right thing here.
— Adam Martin (@MMAdamMartin) April 6, 2018
Update 4.6.2018 – Additionaly, and for unrelated reasons, Max Holloway was pulled from the main event fight card due to medical issues incurred during his weight cut.
Conor McGregor Arrested and Facing Criminal Charges
McGregor turned himself into police Thursday, 4.5.2018.
Arrested by NYC Police, he was charged with 3 counts of misdemeanor assault, and one count of criminal mischief.
What is misdemeanor assault in New York?
Defined in New York Penal Law 120.00, Assault in the Third Degree is an “A” misdemeanor, hence the term “misdemeanor assault.”
An “A” misdemeanor is punishable by up to one year in jail.
Two types of 3rd Degree Assault
Intentional Assault, NY Penal Law 120.00(1) turns on whether you acted with “intent.”
Did you “intend” to cause physical injury, and actually cause physical injury? If you, it’s 3rd Degree Intentional Assault per NY PL 120.00(1).
Reckless Assault, NY Penal Law 120.00(2)
If instead of acting with “intent,” you acted recklessly, and caused physical injury to another peson, then it’s 3rd Degree Assault per NY PL 120.00(2).
Which type of assault will McGregor be convicted of?
The element of intent.
An argument can be made that McGregor did not act with “intent” to cause physical injury.
He threw a transportation dolly at a bus window.
The defense will argue that he only intended to break the window, the prosecutor will argue that obviously intended to injure the person behind the window.
I believe there is enough evidence to find intent here.
The element of physical injury.
Michael Chiesa and Ray Borg were both injured, and Conor’s actions caused those injuries. This element is not in dispute.
I believe there is enough evidence here to convict for Assault in the Third Degree per NY PL 120.00(1).
Punishment for Misdemeanor Assault in New York
As stated previously, Assault in the 3rd Degree falls under the category of “A” misdemeanor, which is punishable by up to one year in jail.
However, it is common that certain prosecutors do not push for jail time with 1st time offenders.
Also, keep in mind that here we have 3 counts of misdemeanor assault, and it wouldn’t surprise me if the prosecutor was less lenient in a case with multiple assault charges.
I don’t believe that this case will go to trial. Most likely the prosecutor and McGregor’s legal team will work out a deal that includes 3 years of probation and community service.
What is Criminal Mischief in New York?
Most likely McGregor was charged with either Fourth Degree Criminal Mischief per NY Penal Law 145.00, or Second Degree Criminal Mischief Per NY Penal Law 145.10.
Fourth Degree Criminal Mischief is a Class A Misdemeanor, carrying the same one year jail term as misdemeanor assault.
Second Degree Criminal Mischief is a Class D Felony, which carries up to 7 years jail time.
Keep in mind that these are really crimes against property and not persons, so I wouldn’t expect the punishment for the property damage to a bus window to be greater than the assault charges.
This is a Class “E” felony.
What About The Civil Lawsuit?
Thus far we have discussed the criminal charges.
There is no doubt that somebody is going to sue McGregor over this.
Possible Civil Suits
Intentional Torts Against A Person
This is the obvious tort that exists here. Most likely anyone that was injured as a result of McGregor’s actions can claim either Battery or Assault.
A person engaging in ultra-hazardous activities (like throwing a transportation dolly at a loaded bus) is strictly liable for the harm caused to persons & chattels resulting from same.
WME vs. McGregor
WME owns the UFC and as a result of McGregor’s actions they had to drop 3 separate fights from the card. Certainly WME has a case here. It remains to be seen if they will fight their goose that laid the golden egg in court.
Chiesa et al. vs. McGregor
Micheal was physically injured, and will lose money as a result of McGregor’s actions. The same can be said for Ray Borg, who suffered glass cuts to his eye. It also appears that one of the UFC employees broke a knuckle because of the incident. Basically any fighter or UFC employee who lost money as a result of this case could sue McGregor in civil court for monetary damages (medical bills, rehab bills, loss income due to dropping out of the event, etc.).
Barclays Center vs. McGregor
The Bus Owner vs. McGregor
New York City vs. McGregor