Former Derry mayor acquitted in case involving gun pulled on 4 children
Jun. 23—Derry Borough's former mayor was acquitted of all charges against him Wednesday in a 2019 incident in which he pulled gun during a fight among three children at a park.
Jurors deliberated for nearly four hours and cleared Kevin M. Gross, 40. He had been charged with simple assault, reckless endangerment and harassment.
"Obviously, we're ecstatic with the verdict. We think it's justified," defense attorney Tim Andrews said. "Mr. Gross and his family have gone through two years of hell awaiting this trial and ... maybe they can move forward with their lives. We felt these charges were unjustified from the get go and the jury's agreed with us, so we're very happy."
Jurors heard from nine defense witnesses and six prosecution witnesses over two days, many of whom contradicted each other about what happened at the borough park just before 8:30 p.m. on April 14, 2019. The panel was asked to decide whether they believed Gross acted in defense of his son and his friend who were in an altercation with an older boy or if his actions were reckless and put four children in fear of injury by pulling the gun.
Prosecutors claimed Gross pointed a loaded revolver at a 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. Gross testified in his own defense that he believed a knife was involved in the fight and he was trying to protect the two younger boys and stop the situation. There was no knife found, according to testimony.
"I'm disappointed for the victims, but I respect the jury's verdict," said Pete Caravello, assistant district attorney.
Judge Christopher Feliciani ordered the Westmoreland County sheriff's office to return guns that were confiscated from Gross after his arrest.
Attorneys presented closing arguments Wednesday morning.
Caravello told jurors that Gross acted in a frightening way toward the children.
"Who escalates this situation? Who brings a gun to the playground?" Caravello argued.
He urged jurors to reject testimony from a defense police use-of-force expert who said Gross acted appropriately because he believed there was a knife involved in the fight.
"Is he giving you an unbiased opinion?" Caravello argued. "When you come upon kids in a playground, is that reasonable? You get your gun and point it at them?"
Andrews argued that Gross did not intend to harm anyone or put the four children in fear, rather, displaying the gun in an effort to get control of the situation. Gross' son testified he told his father the 15-year-old boy threatened him with a knife and two neighbors corroborated the story.
"His perception ... was that there was a weapon," Andrews said. "What does Kevin know in that moment? He didn't have that conscious purpose. He didn't have that reason."
Gross had been accused of waving the gun at the three girls, asking them to put down their cell phones and belongings. He testified that he had his weapon holstered at the time and wanted them to stay and talk to police. The knife supposedly involved in the fight turned out to be a marker, according to testimony.
Police testified that neither Gross nor his son mentioned the knife during interviews.
Gross later resigned as mayor. He served in the Marines and Army, doing a tour of duty in Iraq, according to testimony.
Renatta Signorini is a Tribune-Review staff writer. You can contact Renatta at 724-837-5374, rsignorini@triblive.com or via Twitter .
