August 18, 2011
New York Rangers star Sean Avery(notes) doesn't often avoid penalties when caught up in controversies on the ice. But according to TMZ, he's going to dodge any punishment for battery against an LAPD officer in the early morning of Aug. 5.
This is because Avery, apparently, didn't actually shove the officer.
Avery was arrested at his Hollywood Hills home after police arrived on a noise complaint — for the second time that evening — regarding a party at that residence, located in the 8000 block of Highland Terrace.
According to the police report, Avery shoved an officer when the LAPD showed up at his door. He initially refused to come back out but eventually did, and was cooperative as he was charged with battery against an officer of the peace, which is a misdemeanor. He posted $20,000 bail later in the day, and had a Sept. 2 court date scheduled.
But TMZ reports that any prosecution against Avery has been scuttled because of witness testimony:
But according to law enforcement sources, a further investigation revealed that no officer was ever actually pushed.
We're told the officer who made the battery report did so after his foot was caught in Avery's front door -- and multiple witnesses have corroborated the story.
According to sources, police don't believe it's appropriate to charge Avery -- and agree the matter would be best handled by an informal meeting with the L.A. City Attorney, who's expected to officially close the case ... without prosecution.
Great news for Avery, whose reputation went from admirable defender of the disadvantaged to scurrilous assailer of cops. Although we're a little discouraged that TMZ didn't follow up on whether Avery actually dropped the "Fat Little Pigs" line on the officers.
Let's just assume he did, for comedy's sake. Hey, if we can't have a week of "Sean Avery's Prison Fashions" at least we can cling to that.