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John McAvay, Cruise Ship Assault, Hawaii 2018

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Retired Cop Gets 46 Months for Cruise Ship Assault

In a shocking turn of events, a retired law enforcement officer has been sentenced to 46 months in prison for a brutal assault on an elderly passenger aboard a cruise ship.

John McAvay, 78, of Henderson, Nevada, was found guilty of assault resulting in serious bodily injury after a non-jury trial in May 2022. According to court documents, McAvay committed an unprovoked assault on the victim on October 23, 2018, resulting in life-threatening and protracted injuries.

The victim, who was airlifted from the cruise ship to the Hilo Medical Center in critical condition, suffered from serious cognitive and physical impairments, including confusion, memory loss, and immobility, until his death on February 6, 2019.

McAvay fled the scene of the assault and failed to render aid, call for help, or report the incident. He was arrested on October 28, 2018, after being identified by another cruise ship passenger.

Clare E. Connors, United States Attorney, stated that McAvay acted cowardly, reprehensibly, and despicably in his actions. Judge Jill A. Otake added that McAvay could have simply walked away, but instead, he sucker-punched the victim in the head out of anger.

McAvay was charged with involuntary manslaughter, but the court found him not guilty due to the victim’s pre-existing cancer. The Federal Bureau of Investigation and the Coast Guard Investigative Service conducted the investigation that resulted in the prosecution.

Assistant U.S. Attorneys Sara D. Ayabe and Chris A. Thomas handled the prosecution. McAvay will serve 46 months of imprisonment and one year of supervised release.

HONOLULU – United States District Judge Jill A. Otake sentenced John McAvay to 46 months of imprisonment and one year of supervised release for assault resulting in serious bodily injury.

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