Orange grand jury to hear testimony in beating death

ORANGE — An Orange County man will face a grand jury next week in connection with a beating death in mid-August.
General District Judge Edward K. Carpenter certified a second-degree murder charge against Gary Joseph Delgross on Wednesday in Orange General District Court.

Delgross, 54, is accused of beating Holland James Penton Jr. to death during a fight. Authorities have said that the neighbors were arguing with each other from their yards after law-enforcement officials came to break up a separate dispute around 10 p.m. Four hours later, the officials were called back to the Pierce Lane area, where they found Penton’s body.

In court Wednesday, Commonwealth’s Attorney Diana Wheeler said the argument turned physical when the 31-year-old Penton approached Delgross with an ax handle. The handle ultimately broke, although the stories of how that happened vary. Defense attorney Michael Hallahan said in court that it was broken on Delgross’ arm, but Wheeler said that there wasn’t proof that it happened that way.
“[Delgross] had a number of injuries, including a black eye from the earlier altercation,” Wheeler said in court. “We don’t know what injuries he sustained in the second fight.”

After the ax handle broke, authorities said, Penton came back with a shovel handle and Delgross returned with a level from his truck. Authorities said they believe the attack continued after Penton was on the ground and unconscious.
“The commonwealth’s view of the level of culpability is that the defendant struck someone with that level and [Penton] fell back and never moved again,” Wheeler said in court.
Hallahan asked Carpenter to reduce the charge to voluntary manslaughter, recalling how Delgross called 911 while crying after the incident.

Hallahan said he expects to argue at trial that Delgross was acting in self-defense and not out of malice.
“Mr. Delgross did not seek a fight,” Hallahan said in court. “It came to him twice.”
According to Hallahan, lab reports showed Penton’s blood-alcohol content was over the legal limit, while Delgross’ was zero even though he had consumed a 12-pack throughout the day.

The grand jury will review the case Monday. Delgross remains without bond in Central Virginia Regional Jail.