Bail rejected in New Kensington drive-by shooting case

A Westmoreland County judge on Tuesday ruled a suspect in a drive-by shooting last June in New Kensington that left one man wounded will remain in jail pending his attempted homicide trial.

Common Pleas Court Judge Scott Mears rejected a request for bail from Ernest Gary IV, 18, of New Kensington, who police said fired multiple shots into a car near East Ken Manor in the late afternoon on June 19.

“There is no condition or combination of conditions other than imprisonment that will reasonably assure the safety of the community,” the judge wrote in a brief court order issued Tuesday after he reviewed testimony from Gary’s preliminary hearing July 29.

Gary and Issac Weihrauch were 17 when they were arrested last summer and charged as adults with counts of attempted homicide, aggravated assault, conspiracy, reckless endangerment and other offenses. Gary turned 18 in November. According to court records, Weihrauch will turn 18 in late March.

Both were denied bail last summer by New Kensington Magisterial District Judge Frank Pallone.

Assistant District Attorney Pete Caravello on Tuesday argued against Gary’s release from jail before his trial.

“I ask bond remain as it is. This was an unprovoked attack, unprompted violence and creates a safety risk for the community,” Caravello said.

Assistant Public Defender Mike Garofalo objected to the prosecutor’s description of the case and suggested there is no evidence to support his claim the shooting was unprovoked.

“He has no bond, and he is just 18 years old,” Garofalo said.

Garofalo said he will seek to have Gary’s case transferred to juvenile court.