Washington man has charges from altercation at local school reduced
A Washington man no longer faces a felony charge in connection with allegations he brought a handgun and knife to his daughter’s basketball practice at John F. Kennedy Catholic School.
A charge of terroristic threats against Andrew Kirby, 38, was reduced to a misdemeanor following a preliminary hearing Wednesday before District Judge Robert Redlinger during which JFK Catholic Principal Kenneth Fusina testified practice kept going during an alleged fight between Kirby and his estranged girlfriend, Chalise Kestner, outside the school gym earlier this month.
Along with the charge of terroristic threats, Kirby, of 780 Summerlea Ave., also faces two counts of possessing a weapon on school property and simple assault, all misdemeanors.
Kirby went to the school, at 111 W. Spruce St., Nov. 16 during his daughter’s evening basketball practice with a folding knife and 9-mm handgun and had an argument with Kestner in the gym, according to an affidavit of probable cause filed by city police.
He then allegedly took the knife from his pocket, opened it and told Kestner she was not leaving with her phone.
Kestner then went to the gymnasium foyer, “where it began to get physical,” Detective Joseph Fichter wrote.
“At this point Kestner called out, “‘Someone call the (expletive) police he is going to kill me,'” Fichter wrote.
Kestner grabbed Kirby by the sweatshirt when he tried to leave, police said, and a witness called 911. Outside, Fichter wrote Kirby broke free from Kestner and went to a sport utility vehicle, placed an item in the glove box and allegedly said he is allowed to have a knife.
Police said they found the gun in Kirby’s waistband when they arrived.
Fusina testified the doors leading out of the gym were locked during the incident. Coaches didn’t tell players what was happening to avoid upsetting them, he said.
“They couldn’t see what was going on,” Fusina said. “They continued to practice.”
Casey White, Kirby’s attorney, told Redlinger he and Assistant District Attorney Kristin Clingerman agreed to reduce the terroristic threats charge, arguing testimony hadn’t shown the threat caused a “diversion from the normal or customary operations” of the team’s practice – a factor that would make the alleged offense a felony.
White said his client was waiving his right to the hearing on the other three charges.
White reviewed surveillance footage before the proceeding, and said following the proceeding the portion of the video he’d seen “appears to show my client trying to extinguish and/or remove himself from the situation.”
Officers who responded allowed Kirby to leave school property that evening. Fichter filed charges the next day.
Kirby was arraigned before Redlinger, who set bond at $20,000. Deputy District Attorney Jason Walsh asked for higher bond the following day, arguing the amount was inadequate to ensure the safety of the victim and the public.
Judge Gary Gilman raised bond to $500,000. Court records show Kirby is unable to post bond and is being held in Washington County jail.