Magistrate: Scituate player's check not criminal

SCITUATE, Mass. (WHDH) -- A court magistrate determined Friday that there is no case for criminal charges after a Duxbury hockey player suffered a concussion in what is being described as a late hit during a high school hockey game.

Scituate High School’s Alex Way was freed of any possible charges from the hit that left Duxbury’s Tucker Hannon with a severe concussion, which prevented him from attending school for five weeks.

“I’m sorry Tucker got a concussion and I’m sorry it got to this point,” said Way. “But other than that, I’m just glad it’s over.”

“Yes, it is very settled. The apology was accepted. I agree with him,” said Hannon.

Hannon’s parents had asked a magistrate to bring forward a charge of criminal assault.

“If that activity was done just outside this courthouse he would be serving time for assault and battery with a deadly weapon,” said Jay Mullen, Hannon’s attorney.

Way was not penalized for the hit. The magistrate says maybe a penalty should have been called, but what happened was not criminal.

“Sports are played in the arena. There are penalties in the arena. That’s where they’re called,” said Robert Harnais, Way’s attorney.

Hannon agrees that the incident should not have gone to court, but his parents and lawyer said the lack of action by the school and league forced their hand.

“I don’t think it should have gone to court. Easily he could have said sorry and it would have been settled. This is the last thing we wanted to do,” said Hannon.

“I apologize that it got this far and that he had a concussion -- he’s a nice kid,” said Way.

“We have the same group of friends so I’ll probably see him out of school sometimes, we’re fine now, I believe,” said Hannon.

Hannon is back playing sports with anti-concussion equipment. Hannon is on his school’s lacrosse team -- he will be facing Way’s lacrosse team in just a few weeks.