BUFFALO, N.Y. (WIVB)- Two police reports were filed against Evander Kane in the early hours of Friday morning. One claims inside the bar Bottoms Up, Kane grabbed a 20 year old woman by the arms and tried to force her out of the bar. Another report claims Kane threatened and made derogatory comments towards a woman inside Bottoms Up and outside grabbed her around the throat and tried pushing her into his car.
News 4 legal analyst Terry Connors said the reports are filed for claims of physical harassment, which in this case is a violation and not a crime.
“If there is no claim of physical injury or serious physical injury, that’s what limits the charge and makes only the charge of harassment available,” said Connors, explaining why authorities can’t pursue a higher charge like assault.
Connors said police now have to investigate the credibility of the complaint.
“They’ll look to see, was there a video for example that tells a different story? Were there eye witnesses, people who were actually there?” said Connors. “They’ll also look to see if the individuals have been drinking, either side. Were they under the influence of alcohol? Is that a factor in their actions? Does that explain some of the claims being made? They’ll look to see, have individuals made prior claims like this that have been proven to be untrue?”
The Erie County District Attorney ultimately decides whether there will be charges.
If Evander Kane is charged for the harassment violation, he faces up to 14 days in jail and a fine.
There is still the chance before charges are filed that the women making the accusations could decide not to cooperate.
“Very often in a situation like this, where it’s such a low level offense that’s being alleged, is the individuals don’t want to get involved in the system,” said Connors. “They grow tired of it, they don’t want to follow through.”
The bar listed in the police reports, Bottoms Up, has obtained a lawyer through the firm Shaw & Shaw. Lawyer Jacob Piorkowski told News 4 they are complying with the investigation and helping police in any way they can. He said any evidence requested by police has been turned over but he didn’t elaborate.
Evander Kane’s lawyer Paul Cambria said he plans to meet with all parties involved.
