Ex-Derry mayor, accused of brandishing gun near children, seeks to have charges reduced | TribLIVE.com
Westmoreland

Ex-Derry mayor, accused of brandishing gun near children, seeks to have charges reduced

Rich Cholodofsky
1841159_web1_gtr-grossgun
Kevin M. Gross, 38, of Derry, arrives for his preliminary hearing Wednesday, April 24, 2019. He is accused of pointing a gun at four children in a Derry park.

The lawyer for Derry borough’s former mayor, accused of brandishing a loaded gun near children, said felony aggravated assault charges filed in the case should be dismissed.

In a hearing Tuesday, defense attorney Tim Andrews argued Kevin Gross merely pointed a weapon as he attempted to intervene in a physical altercation between two juveniles in a park near his home last April. Gross quickly put away the weapon and made no threats, Andrews said.

“I believe the court should conclude this is not the type of case that is aggravated assault,” Andrews said.

Gross, 38, resigned his mayoral position a week after his arrest. Police said Gross, who lives near the park, brandished the weapon and held a 15-year-old boy at gunpoint as he sat on his knees with hands raised following a fight with another teen.

Andrews maintained that Gross only had the gun out while he questioned the teen if he had a weapon. He said Gross quickly holstered and put the gun away.

Assistant District Attorney Pete Caravello disputed the defense’s characterization of the incident.

“He put a gun so close to a juvenile victim that he could reach out and touch it,” Caravello said.

No witnesses testified during Tuesday’s brief hearing. Westmoreland County Common Pleas Judge Christopher Feliciani said he will review testimony from April’s preliminary hearing and ordered both Andrews and Caravello to submit written legal arguments within the next month.

Gross, who is free on $20,000 bail, is charged with 16 counts, including four each of aggravated assault, reckless endangerment, simple assault and harassment.

His trial is scheduled to begin in December.

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, [email protected] or via Twitter .

Categories: Local | Westmoreland
TribLIVE commenting policy

You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.

We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.

While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.

We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers

We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.

We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.

We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.

We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.