Survivor of New Kensington gun battle charged

The survivor of a gunfight Sunday in New Kensington that left a 16-year-old dead is charged with firearms violations but not homicide.

That’s because, according to the Westmoreland County District Attorney’s Office, video of the fight shows Dylan James Walmsley, 19, was not the aggressor when he shot Divine Warner, 16, of Arnold.

The shooting happened about noon Sunday in the area of Valley Royal Court on Fourth Avenue.

In a criminal complaint against Walmsley, police said they reviewed video from Mt. Calvary Baptist Church in piecing together what happened.

Police say the video shows Walmsley walking in front of the Hart Building at Valley Royal Court. Warner walks up to him wielding a handgun.

In a news release, District Attorney Nicole Ziccarelli’s office says Warner was the aggressor in the physical altercation that ensued.

In the complaint, police said Walmsley removes a handgun from his waistband area and shoots at Warner. According to the complaint, Warner was found near the city-owned JFK Playground and taken to Allegheny Valley Hospital in Harrison, where he was pronounced dead.

Although the complaint does not describe how Walmsley was shot, Melanie Jones, a spokeswoman for Ziccarelli, said Walmsley’s wound was not self-inflicted. Authorities previously said Walmsley was shot in the abdomen.

The complaint does not say how many shots were fired.

According to the complaint, Walmsley fled on foot to New Kensington’s nearby police station, where he knocked loudly on the back door yelling that he had been shot.

According to the complaint, a New Kensington officer who knew Walmsley helped him to the ground and performed first aid. Walmsley was taken to Allegheny General Hospital in Pittsburgh.

Walmsley is charged with the felony offense of carrying a firearm without a license and two misdemeanor firearms offenses.

Court records give Walmsley’s home address as Leechburg. He was previously said to be from South Greensburg.

Walmsley was arraigned Tuesday night. Senior Judge Helen Kistler denied bond, saying Walmsley is a danger to the community and a possible flight risk, according to court records.

Walmsley remains hospitalized and is expected to survive, the district attorney’s office said.

Police said they recovered “various firearms,” some of which appeared to have been fired.

Police said Walmsley has been adjudicated delinquent and is not allowed to possess a gun. He did not have a license to carry a gun and was not eligible for a license.

Walmsley’s preliminary hearing is scheduled for May 4 before New Kensington District Judge Frank J. Pallone Jr.