Dropped Charges Bring Relief But Activism Continues

Ken McKay, 30, was prepared to get arrested outside Lynn District Court on Jan. 24, and go to jail for protesting the prosecution of his brother at the court house.

That particular protest is unnecessary now that decided not to prosecute McKay's brother, Anthony McKay, on assault charges.

But Ken McKay, who says he has strong feelings about protecting civil liberties, plans to hold a demonstration by the flags in front of the Salem Post Office on Jan. 24.

Anthony McKay, 29,  allegedly  in the early morning hours on Oct. 15, after catching him stealing tools from his pickup truck.

Anthony McKay told police that Christian Johnson shoved him in the chest and came at him in a "bladed stance" and that, in self defense, he struck him in the face.

The 29-year-old was charged with aggravated assault and battery.

Later, as the case moved though the legal system, Ken McKay said he had sought a permit to protest and was told by Lynn police that he would be arrested if he protested outside the court house — a violation of state law. He and about 150 people had planned to protest in support of Anthony and risk arrest, he said.

Now that the charges have been dropped the Lynn protest is off.

Ken McKay said yesterday that his brother was ecstatic that the DA decided against prosecuting him. 

And Ken McKay said he feels "more relief than anything" that his brother will not be prosecuted.

Still, he said the law needs to be changed so that other people who defend themselves are not charged with a crime.

The older brother plans to hold a demonstration in support of State Senate Bill 661 which allows force, even deadly force, in a home when it's in self defense:

"It shall be an act of lawful defense if a person, who is an occupant of a dwelling or in any place that they have a right to be, used deadly force, or less than deadly force, if he or she acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the location," states the bill. "There shall be no duty on a person to retreat from any place that they have a right to be." 

At 2 a.m. on Oct. 15, police responded to Cherry Street in Swampscott after Anthony McKay's wife reported that McKay had "caught the lady next door's boyfriend taking items out of (his) truck."

Responding officers found McKay holding Christian P. Johnson, 30, of 162 Union St., Lynn. Johnson was later arrested on charges of carrying a dangerous weapon (police baton), possessing a class A substance (heroin), attempting to commit a crime, disorderly conduct and possessing a knife over 2.5 inches.

Johnson had suffered a broken jaw in the incident that would need to be repaired with emergency surgery, according to court documents.