Created: 03/19/2009 10:51 PM KSTP.com | Print Story By: Chris Keating

Molitov Cocktail Case Closed

I've never heard a judge tell a defendant, especially one like David McKay who was throwing himself on the mercy of the court, say, "you have to prove to me you're guilty."

But that's exactly what Judge Michale Davis told McKay.  He's the 23-year old who came to the Twin Cities to admittadly wreak havoc at the Republican National Convention by protesting and tossing molitov cocktails at cops.

In court this week McKay admitted to making those homemade bombs in the bathroom of a St. Paul apartment but during his plea never really wanted to let go of his defense that a government informant working inside his pack of rioters, a-k-a Affinity Group, gave McKay the cash and idea to make eight of the bombs.  After Judge Davis turned down his plea the first day McKay came back the next day and said he didn't know whose idea it was AND get this because this is where the courts get screwy, McKay said he would've made them anyway.  He was pre-disposed to do so.  Even without anyone, "whispering in his ear" as the judge noted.

Of course, this plea deal came about because McKay's accomplice was being compelled to testify in McKay's second trial.  And this is where we don't know who to believe which is what often happens in the legal system.  We have a resolution but no clear answers.   The Prosecutor believes that accomplice, Brad Crowder, already in jail after pleading guilty, would say there was no influence.on the part of the informant.  But denying any entrappment or coercion was in place on the part of the U-S Attorney likely helped him get his deal.   Yet McKay went in to custody still holding onto the idea there was some kind of influence by the informant/anarchist insider.  And what's more McKay's father told me he wanted to see his son's case go to trial a second time.  Meaning he thought there was some kind of influence on his son.

So do you believe McKay or the prosecutor...it's tough to say.  The only thing for certain is that McKay is in custody looking at a sentencing date that'll likely send him away to prison for four to five years.  And all for what...a bunch of bottles full gasoline and motor oil.  The weekend anarchists never even got to use them.