(WXYZ) - The Wayne County Prosecutor's Office released a statement on Tuesday saying that the Army veteran who reported he was assaulted outside a 7-Eleven was actually the aggressor in the incident.
“You cannot in this state start a fight, and when others disengage, track the people down to continue the fight and then claim that you were the victim,” said Prosecutor Kym Worthy.
No charges have been issued against three men arrested Saturday for the alleged attack.
According to police, the 25-year-old Livonia man originally said he was confronted by three white men in their 20s while he was in a 7-Eleven on Venoy, and after they all went outside,they made derogatory comments about the U.S. Military and started attacking him, he said.
Wagner sustained a broken nose, lacerations to the face and mouth, and head injuries.
Three men were arrested on Saturday, but have since been released after the Wayne County Prosecutor's Office reviewed the facts.
Wagner said late Tuesday that he is upset over the prosecutor's decision not to charge the men.
"I know in my heart what happened that night," said Wagner.
Since the incident, Wagner says people have added insult to his injuries by calling him a disgrace to the military.
“The alleged facts in this case that are credible and supported by evidence in no way support a charge of any kind in this case. The complaining witness is a military veteran who was the initial aggressor in a fight with three men. The complainant was the largest man and he began the fight by striking the smallest of the three men. After being hit the smallest man fled the scene. A fight continued with the complainant and the other two men. This is where this whole scenario should have ended, since the two men fled the scene. The complainant then continued to pursue them for over a half mile on foot while the two men tried to hide from him. When the complainant found the men, he started the fight all over again. During the altercation the complainant sustained some injuries consistent with a fist fight, but was treated at a hospital and was released. Since the veteran was the initial and only aggressor, the actions of the other three men are not a crime and we are declining to issue any charges. "