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WILKES-BARRE — An attorney strongly advocated for a low sentence for his client who admitted to shooting a man in River Commons Park but a Luzerne County judge felt otherwise, noting the park is a high pedestrian area.
Judge Joseph F. Sklarosky Jr. sentenced Jonathan Alexander McGilvery, 40, of Edwardsville, to 18 months to seven years in state prison on charges of aggravated assault, terroristic threats and firearms not to be carried without a license. McGilvery pled guilty to the charges April 22.
Wilkes-Barre police detectives in court records say McGilvery shot James Jackson in the park along the Susquehanna River just south of the Market Street Bridge on April 12, 2023.
Court records say McGilvery and Jackson were involved in an argument in the area of South Franklin and West Northampton streets. Jackson walked away and entered River Commons Park and was followed by McGilvery.
Surveillance cameras recorded, court records say, McGilvery remove a handgun from a backpack and concealed the firearm in his waistband as he followed Jackson.
McGilvery fired two shots, striking Jackson once in the upper torso. Jackson, who survived the shooting, struggled up stairs and crossed South River Street where he collapsed.
Sklarosky noted the shooting took place, “not far from this building (courthouse),” in an area that is known to have high pedestrian traffic.
McGilvery’s attorney, James J. Scanlon, requested a sentence to be served at the county correctional facility, noting McGilvery’s lack of a criminal history.
Scanlon said McGilvery took responsibility for the shooting noting drug usage was a factor.
However, Sklarosky noted the shooting was a “serious offense” and a second shot was fired before imposing the sentence.
McGilvery was identified as the gunman when police arrested him on Aug. 4, 2023, when he walked away from a group of people in River Commons Park and was found hiding near the Osterhout Free Library on South Franklin Street.
A search of a backpack McGilvery was carrying uncovered a 9mm Taurus handgun with a loaded magazine, court records say.