Expert testifies on use of force at former Derry mayor's trial

A police use-of-force expert testified Tuesday that he believed the former Derry Borough mayor acted appropriately when he used a gun to stop a fight among three children because he believed a knife was involved.

Cliff Jobe Jr., a retired state trooper, said Kevin M. Gross, 40, made attempts to get police involved before going to a park where he believed a 15-year-old boy was attacking his son and a friend just before 8:30 p.m April 14, 2019.

“The mindset standpoint was basically the same place a trained police officer would be” if they encountered a tense situation they believed involved a knife, Jobe said.

There was no knife, according to Gross, who testified Tuesday in his own defense. After he pointed the gun down at a 45-degree angle during the altercation, he learned what the item lying on the ground really was.

“It was thin, metal-looking to me … that looked like a real thin fillet-style knife,” Gross testified.

“What did it turn out to be?” Assistant District Attorney Pete Caravello asked on cross-examination.

“A marker, a $30 marker,” Gross replied.

Jurors heard contradictory testimony Tuesday on the second day of trial for Gross, who later resigned as mayor. Judge Christopher Feliciani dismissed four felony counts of aggravated assault against Gross after the prosecution rested midday.

There are 12 misdemeanor charges remaining — four counts each of simple assault, reckless endangerment and harassment.

Prosecutors claim Gross pointed a loaded revolver at the 15-year-old boy and three girls — one who was 12 and two who were 14 — before nearby residents intervened. The 15-year-old boy was involved in an altercation with Gross’ son and another boy while the girls were nearby at the park close to Gross’ home.

The now-18-year-old man testified that he was 15 when he was being antagonized by Gross’ son and the other boy over a marker being used to draw genitalia on a pavilion. He said he grabbed both boys by the upper body and lowered them to the ground when Gross showed up with a gun, using obscenities and demanding he get on the ground while asking where the weapon was.

“I followed what he said, of course,” the man testified. “I was afraid for my life.”

One of the girls who was 14 at the time and is now 16 testified that Gross demanded the trio put their belongings and cell phones on a bench.

“(The gun) had been pointed at us,” she testified.

Gross’ then-11-year-old son recounted a different version of events. He said the 15-year-old boy claimed to have a knife and was the aggressor in the situation, which he reported to Gross. After Gross testified that he was headed to the police station to get help, he said he spotted the 15-year-old boy chasing the two younger boys and went to the park instead.

Gross’ son, now 13, testified that he told state police they were assaulted and threatened with a knife.

“I told them I thought somebody was trying to kill me,” he said.

Trooper Ty Smith said the boys appeared uninjured and weren’t “overly concerned” about the situation when he talked to them at the scene and appeared to be more interested in meeting a police officer.

Trooper Travis November interviewed Gross afterward.

“He didn’t say anything about a weapon involved,” November testified. “He told me he wouldn’t put his hands on another kid. He thought that pulling his firearm would be a better option.

“I told him I didn’t feel it was justified.”

Gross served in the Marines and Army, doing a tour of duty in Iraq, according to testimony. His military training kicked in when he saw the altercation and drew the revolver in an effort to stop the situation, he said. He reholstered the weapon as soon as he realized the item was a marker and that the 15-year-old boy wasn’t a threat, according to testimony.

Gross denied pointing the gun at the girls, who all testified that he waved the revolver at them when demanding they put their belongings down. He believed they were using their phones to video record the incident and wanted them to stay to talk to police, Gross testified.

Jobe said Gross first used verbal commands to stop the situation and continued with that while displaying the gun. Those were appropriate options, as were re-holstering the weapon and summoning authorities, he testified.

“As unnerving as it is, it’s not the use of deadly force. It’s the display,” Jobe said.

The trial will continue Wednesday.