Judge won't dismiss charges against ex-Derry mayor accused in gun incident

A judge on Thursday rejected a request from Derry Borough’s former mayor to dismiss assault charges related to accusations he threatened children with a loaded gun.

Westmoreland County Common Pleas Court Judge Christopher Feliciani ruled testimony presented during a preliminary hearing last year established enough evidence that Kevin Gross’ actions could have injured the youths.

“Despite evidence of overt conditional threats or evidence that Mr. Gross placed the weapon directly against any of the juveniles’ head or body, the court finds that through Mr. Gross’ actions and conduct, and in light of the attendant circumstances, his intent to cause bodily injury may be inferred at this stage of the proceeding,” the judge wrote in an eight-page order.

Gross, 38, was charged with four counts each of aggravated assault, simple assault, reckless endangerment and harassment in connection with an incident April 14 involving four teens at a local park.

Police said the youths were fighting over a marker when Gross attempted to intervene in the dispute and brandished a gun at the children, including a 15-year-old boy who claimed the weapon was pointed at his head. Police said three younger children claimed Gross waved a revolver in their direction, ordered them to put their phones on the ground and to remain still.

Defense attorney Tim Andrews argued that Gross’ behavior did not rise to the level of aggravated assault and that his actions were an attempt to prevent an assault from occurring. The defense did not seek to have the other 12 counts dismissed.

Gross, who was elected as Derry’s mayor in 2017, resigned from office after his arrest.

He is free on $20,000 bail. His trial scheduled for April 13.