Derry Borough’s former mayor contends allegations he pointed a loaded gun at children in a local playground do not constitute an assault.
In court documents filed Tuesday, defense attorney for Kevin Gross, 38, asked for a dismissal of aggravated assault charges filed in connection with an incident April 14 in which police say he pointed a weapon toward children during a dispute in a park near his home.
“Though the defense challenges the evidence presented at the preliminary hearing, even accepting all evidence presented as accurate, the defense contends that the magisterial district court was incorrect in determining that merely pointing a weapon at the alleged victims is sufficient to establish grounds for aggravated assault,” lawyer Tim Andrews wrote in a motion.
The defense says Gross came upon a scene in which an “older larger juvenile” was choking a “younger smaller juvenile” when Gross yelled for the children to stop and asked about a weapon.
Gross was charged with 16 counts, including four felony offenses of aggravated assault.
During a preliminary hearing in April before district Judge Mark Bilik, a 15-year-old boy testified he was on his knees with his hands raised as Gross brandished a gun. Three girls — two 14-year-olds and a 12-year-old — testified they were scared when Gross pointed a loaded revolver at them until neighbors intervened. One said she was afraid of being shot.
Police said the juveniles were fighting over a marker.
Gross contends no one was injured during the incident.
Westmoreland County Common Pleas Court Judge Christopher Feliciani will hold a hearing later on Gross’ pretrial motion.
Gross, who was elected as Derry’s mayor in 2017, resigned less than a week after he was arrested. He is free on bail as he awaits trial. As a condition of his bail, Gross relinquished about 55 guns he owned.
