MANOR, Pa. (AP) — A Pennsylvania man convicted of disorderly conduct for making a shooting gesture with his hand has lost his bid to have it overturned.
A state appellate court made the ruling Tuesday on the appeal brought by Stephen Kirchner.
The Manor man made the gesture while walking past a neighbor’s home in June 2018. The man allegedly made an obscene gesture toward Kirchner, who responded with his gesture.
A witness called 911 to report the incident. The neighbor told authorities he felt “extremely threatened.”
In his appeal, Kirchner argued that his gesture didn’t create a hazardous or physically offensive condition. He also argued that he didn’t intend to cause a public inconvenience because he made the gesture to a specific individual.
Kirchner’s attorney said they won’t appeal the matter further.