Former Derry Borough mayor, accused of pointing gun at boy, wants some charges thrown out

DERRY BOROUGH, Pa. — The former Derry Borough mayor who is accused of pointing a gun at a boy, wants some of the charges against him thrown out.

Related >>> Former Derry Borough mayor, accused of pointing gun at boy, headed to trial

Kevin Gross was accused of pointing a gun at a 15-year-old boy after an argument between him and his son.

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He resigned as mayor after being arrested.

“There’s cases, in fact fairly old cases, that indicate merely pointing a weapon is insufficient and they’ve overturned convictions for aggravated assault. It’s my belief and hope the judge will agree this is not an aggravated assault case," Gross' attorney, Tim Andrews, said.

Andrews argued that because the commonwealth hasn't proved Gross intended to cause serious bodily harm, he should not be facing aggravated assault charges.

“Mr. Gross was merely trying to stop a melee that was going on and, by their own testimony, believed that the boy had some type of weapon because he was calling on him, 'Where’s the weapon?' So we don’t believe the aggravated assault is appropriate and we're asking it to be dismissed," Andrews said.

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• Mayor of Derry Borough resigns after arrest for allegedly pointing gun at boy
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