"We're awaiting a decision by the DA's office," criminal defense attorney Dennis Cogan told the Buffalo News. "We trust that they are really taking time to consider all the surrounding circumstances. But I'm here to say and I'm telling you that McCoy did nothing wrong, nothing wrong. And he was sober. The questions will have to be asked about the conditions of other people."
McCoy is one of four suspects under investigation for allegedly assaulting two off-duty police officers Feb. 7 at the Recess Lounge. Police said multiple sources of video footage have been obtained.
A statement released the next day by Philadelphia police said two off-duty officers, members of the city's police department, were injured in the nightclub fight with four black men, ages 26 through 30, around 2:45 a.m. Sunday.
Police said ownership of a bottle of champagne began as a heated debated and escalated to "pushing and shoving" when one of the off-duty officers was knocked to the ground. He was "punched, kicked and stomped about his body and head multiple times by all four suspects," according to the police report.