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Bouncer won't be prosecuted for fight

By CHRISTINE BEDELL
Californian staff writer

Prosecutors won't file charges against a Bakersfield bouncer for his role in a fight last week that left a bar patron in a coma and probably facing permanent brain damage.

There is not enough evidence against Erick Michael McGhee, Kern County Deputy District Attorney Cynthia Zimmer said Thursday.

Witnesses are giving too many conflicting stories about what happened between McGhee, an employee of Guthrie's Alley Cat bar, and the injured man, Alan Johnson Craig, she said.

And several people say McGhee acted in self-defense, Zimmer said.

The District Attorney's Office made the right call, said McGhee's attorney, Kyle Humphrey.

Humphrey said he "fully expected" McGhee would not be prosecuted because several witnesses called Craig the aggressor.

Craig, 44, was in fair condition and breathing on his own at Kern Medical Center Thursday, hospital spokeswoman Patty Henry said.

But Craig's future looks bleak, said his mother, Marsha Heath.

Heath said her son had surgery to relieve pressure in his brain this week. Doctors removed bone from his forehead and the top of his head, she said.

Heath said Craig does not recognize anyone and cannot follow any commands. Physicians have said Craig will suffer permanent brain damage but they don't yet know its extent, Heath said.

Asked about the decision not to prosecute, Heath said she's never felt great animosity toward McGhee but thinks he's violent and shouldn't be a bouncer.

"This was a senseless act and it has to stop," Heath said.

Instead of going to prison, she said, McGhee should have to push her son's wheelchair if he ends up in one or teach him how to speak again.

McGhee and Craig met up in the early hours of Dec. 14 outside Guthrie's in downtown Bakersfield.

McGhee told police he had to punch a drunk and belligerent Craig one time in self-defense and that Craig then fell and hit his head on the pavement.

Craig -- 6 feet 3 inches tall with martial-arts training -- told police at the scene he did not want to press charges. He was taken to KMC and while there, his brain swelled and he lost consciousness.

McGhee was arrested on charges of felony battery causing great bodily harm. Zimmer said the D.A.'s office still could file charges if stronger evidence against him comes to light.

A friend of McGhee's referred calls to Humphrey.

Heath said two people must have attacked her son given the extent of his injuries. Humphrey said a single punch to the face followed by Craig's hitting of his head is a plausible explanation.

Craig's friends admitted he was drunk the night he was hurt, but he was not a "drunken Godzilla," Heath said, though she conceded her son has a problem with alcohol.

Instead of harming Craig, she said, employees should have called the police.

She said her son is a sweet man who takes good care of his family and friends and has been unfairly portrayed in the media.

Guthrie's owner Ken Reed, meanwhile, said McGhee continues to be "torn up" by what happened but that he acted appropriately given Craig's belligerence.

His bouncers don't throw punches unless they've already taken one or believe they are about to, Reed said.

"This was just a freaky accident," Reed said. He said he and McGhee are "still hoping and praying Alan Craig has a full and speedy recovery."

 

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Copyright © 2006 Law Office of Kyle J. Humphrey
Last modified: 08/04/06