Should brawl between gas station owners, Comcast employee result - CBS46 News

Should brawl between gas station owners, Comcast employee result in arrests?

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(Source: WGCL) (Source: WGCL)

Less than 24 hours after CBS46 first exposed a brawl between two gas station owners and a now former Comcast employee, Duluth police are taking a deeper look into the incident.

(MORE: Comcast employee caught on cam fighting with owners of gas station)

Atlanta attorney Jess Johnson responded to the fact that police made no arrests, stating that the altercation was mutual.

“If you’re a law enforcement officer, and you’re looking at this, and you're trying to figure out who the aggressor is, and both sides are committing aggressive acts, a lot of times no one is going to get charged in that kind of situation,” Johnson said.

Inn Ja Yi, 60, said her retina was detached after Robert McKelvey, in full Comcast uniform, charged her and her husband outside of their Duluth gas station.

But CBS46 has learned that it all started inside.

According to the police report, a witness heard McKelvey asking to use the private restroom.

“My husband said, 'We have no bathroom,' and it starts like that,” Yi said.

McKelvey left the gas station, but not before video shows him knocking over a food stand. Yi followed him, demanding he clean up the mess he made, and according to the police report, she threw onions at his Xfinity van.

“If both sides are agreeing to engage in a physical altercation, then there is no assault. What they could be charged with though is disorderly conduct or fighting in public, something along those lines,” Johnson said.

Police could file charges, but they have been unable to determine who the primary aggressor was. Johnson said he doesn’t think you can fault the officer for not making arrests because both parties engaged in the fight.  

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