Former Derry Borough mayor expected to testify in own defense at trial

Renatta Signorini, Tribune-Review, Greensburg, Pa.
·2 min read

Jun. 21—Jurors are being asked to determine what former Derry Borough mayor Kevin M. Gross' intent was in 2019 when he pulled out a gun at a playground during an altercation among three teenagers.

Westmoreland County Assistant District Attorney Pete Caravello said Monday during opening statements that Gross, 40, pointed the loaded revolver at four children, taking a "substantial step" toward causing them injury.

But defense attorney Tim Andrews said Gross' military training kicked in when he believed a knife was involved in the altercation.

"He believes this boy has a weapon. ... He wants to diffuse the situation," Andrews said.

Gross plans to testify in his own defense during trial this week on four counts each of aggravated assault, simple assault and reckless endangerment in the April 14, 2019, incident at a playground near where he lived.

State police said the altercation among the boys, one of whom was Gross' son, was over a marker and that Gross took the gun to the park just before 8:30 p.m. He is accused of pointing the gun at a 15-year-old boy and three girls — one who was 12, and two who were 14 — before nearby residents intervened, according to court papers.

Police accuse Gross of ordering the boy to the ground at gunpoint and demanding the girls put their cellphones and belongings down while pointing the weapon at them.

He later resigned as mayor. He is a military veteran, according to opening statements.

Andrews said he plans to offer an expert who will show that Gross used appropriate force to end a situation that he believed involved a knife. Gross never threatened to hurt the children, and Andrews said he did not point the weapon directly at any of them.

"Yes, he had a firearm on him. He always carries a firearm," Andrews said. "He has a license to carry it. He has a permit to carry it."

Caravello told jurors Gross pointed the gun at a boy and ordered him to the ground. He argued that when Gross pointed a loaded firearm at the teen, he intended to hurt him.

Witnesses will begin testimony Tuesday.

Renatta Signorini is a Tribune-Review staff writer. You can contact Renatta at 724-837-5374, rsignorini@triblive.com or via Twitter .