Update: Tony Allen Charged with Aggravated Battery

Tony Allen, a second-player on the Boston Celtics, has been arrested and jailed by the Chicago Police Department for aggravated battery in connection to the August 28 melee in a Chicago restaurant. Accompanied by teammate Will Bynum and an entourage of about 15 people, Allen is said to have gotten into a heated verbal confrontation with Marktwain Johnson, a patron in a Chicago restaurant. At some point during the argument, Allen allegedly directed someone in his entourage to "F--- him up," and then shots were fired, with one hitting Johnson in the left arm and another in his torso. A melee then broke out, during which Allen is also alleged to have punched Nigel Odum, a member of Johnsons' entourage, leaving him with a broken eyesocket. Johnson has since filed a civil suit against Allen for battery and the restaurant for negligent security.

On October 3, the Chicago Police Department issued a special law enforcement alert to pick up and detain Allen -- a sign, as we discussed then, that the police were collecting evidence against Allen and that charges were probable.

Aggravated battery is an extremely serious charge. First consider the definition of criminal battery: the intentional and wrongful physical contact with a person without his consent, and that contact is injurious or offensive. Aggravated battery takes it a step further: it is a criminal battery accompanied by circumstances that make it especially eggregious, such as the use of a deadly weapon, or the fact that the victim suffered serious bodily harm, or the fact that the victim was in a vulnerable position. Under Illinois law, aggravated battery is a "Class 3 felony," meaning a conviction can carry a maximum punishment of not less than two years and not more than five years in prision. Since Allen has not (to my knowledge) committed any other crimes in the past, it would seem that a conviction for a first-time offender would likely carry a sentence of at least a year and a half and perhaps two years. [correction: see Tony Allen and the Whataburger Incident: The Carrott without the Stick, 5:32 PM -- but no evidence of any conviction or pleading]

Of course (and it goes without saying), but Allen is presumed innocent, and the burden of proving beyond a reasonable doubt is highly difficult to establish, even in fact patterns that seem obvious (classic example: The People of the State of California v. Orenthal James Simpson). Moreover, given the murkiness of what occurred at 3 AM that morning, a prosecutor may encounter extraordinary difficulty proving that Allen committed a crime beyond a reasonable doubt.

Also, do not discount the possibility that Will Bynum may also face charges, although that is purely speculation at this point. We do not know his role in the incident, although if he engaged in physical contact, he too could face battery -- and like the rest of Allen's entourage, if the police want to pin Tony Allen with the blame, they could easily threaten the others with crimes unless they agree to testify against Allen.

For reaction from Celtics fans, check out the outstanding Celtics Blog.

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