"We believe juvenile court is the proper forum," said Dennis Gumbs’ attorney.
By John Tredrea
The attorneys representing Dennis Gumbs, the 15-year-old Allentown, Pa., boy charged with homicide for allegedly dropping the 20-pound block of ice that killed former Hopewell Township resident Elaine C. Cowell, said Wednesday they will seek to have him tried as a juvenile instead of an adult.
"We believe juvenile court is the proper forum," said Rebeca Torres, the Allentown, Pa., attorney who is representing Dennis Gumbs along with attorney Glennis L. Clark. "Dennis comes from a solid family background. He has no prior contacts with the juvenile court system."
The victim’s father, William Ubry of Hopewell Township, said Wednesday that he just wants to "see justice done." He declined to comment specifically about the defense team’s efforts to have the teen’s case switched to juvenile court.
"What can I say? I’m no judge and I’m no jury," Mr. Ubry said. "My wife and I lost a daughter. My son-in-law lost a wife. My daughter’s three children lost a mother. What else can I say? They had just moved to Pennsylvania and bought a house and were really getting their lives together in such a fine way. Then this thing comes out of the sky and wipes it all off the map, just like that."
Ms. Torres said her client must be evaluated by a psychiatrist before a petition can be filed in a Pennsylvania court seeking to have him tried as a juvenile. Ms. Torres said the evaluation, which already is under way, will take about a month to complete.
"A hearing on our petition will take place when the evaluation is ready," Ms. Torres said.
Police say that on Jan. 3 the teen-ager was walking on the Fifth Street bridge over Route 22 in Whitehall, Pa., when he picked up a large chunk of ice, weighing about 20 pounds. He then allegedly held the ice on the edge of the bridge until the car in which Ms. Cowell was riding with her husband and three children, ranging in age from 5 to 10, reached the bridge. He then allegedly let the ice fall. Police say the ice crashed through the car’s windshield, hitting Ms. Cowell, who was sitting in the front passenger seat, in the chest. She was pronounced dead on arrival at Lehigh Valley Hospital less than an hour later.
Lehigh County District Attorney James Martin said last week that the youth had been charged as an adult with criminal homicide, reckless endangerment and propelling an instrument into a vehicle on a roadway.
"He’s being held in the Lehigh County Prison," Mr. Martin said. "Because of the criminal homicide charge, bail is not an option."
Also because of the criminal homicide charge, Pennsylvania law mandates that the teen be tried as an adult, Mr. Martin said. A judge would have to approve any defense request to move the trial to juvenile court.
Contacted Wednesday morning, a spokeswoman for the Lehigh County District Attorney’s Office said the defendant’s preliminary hearing that had been scheduled for Wednesday had been postponed and that no new date has been set. She said a date may be set within "the next few days."
Ms. Cowell’s husband, William Cowell, could not be reached for comment.
Ms. Torres said the public shouldn’t rush to judgment in the case.
"On behalf of Dennis Gumbs, we want to remind everyone that this 15-year-old is presumed innocent until proven guilty," she said.
She said that it would be premature for her to comment further because the probable cause affidavit has been sealed.
"We can tell you that Dennis’ parents are devastated that he is even charged with these offenses. The Gumbs family wishes to express their sincerest condolences to Mr. Cowell and his children," she said.
"Mrs. Cowell’s demise is saddening and an absolute tragedy. We urge the community to keep both families in your prayers."

