Prosecutor: Army vet beaten was 'initial aggressor' - FOX13 News, WHBQ FOX 13

Prosecutor: Army vet beaten was 'initial aggressor'

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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.
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