Orange man faces murder charge

By The Daily Progress Staff

Published: November 19, 2008

ORANGE - General District Judge Edward K. Carpenter certified a second-degree murder charge against Gary Joseph Delgross this morning in Orange County General District Court.

Authorities allege Delgross, 54, beat 31-year-old Holland James Penton Jr. to death during a fight in August.

In court this morning, defense attorney Michael Hallahan said Penton broke an ax handle on Delgross’ arm during the fight. Commonwealth’s Attorney Diana Wheeler said in court that after the ax handle was broken, Penton left and returned to the fight with a shovel handle, while Delgross got a level from his truck.

Hallahan asked Carpenter to reduce the charge to voluntary manslaughter, recalling how Delgross called 911 after the incident while crying. Wheeler, however, cited the severity of the attack, which authorities believe continued after Penton was unconscious.

Hallahan also said in court that a test showed Penton’s blood-alcohol content was over the legal limit, while Delgross’ was at zero. The lawyer said Delgross admitted to having consumed a 12-pack over the course of the day.

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