Lancaster County, PA (WPVI) -- A Manor man convicted of disorderly conduct for making a shooting gesture with his hand has lost his bid to have it overturned.
Stephen Kirchner, 64, of Manor Township, was charged in June 2018 with disorderly conduct for making a "gun-like hand gesture" at his neighbor, according to the Lancaster County District Attorney's Office.
The neighbor allegedly made an obscene gesture toward Kirchner, who responded with his gesture.
The gesture prompted a witness to call 911. 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.
However the high court found the gesture of imitating the firing and recoiling of a gun "risked an altercation" and supported the charge.
Kirchner's attorney said they won't appeal the matter further.
The DA's Office said there was an ongoing history of confrontations between Kirchner, the neighbor and a female acquaintance of Kirchner's who witnessed the gesture.
The DA's Office also said because of that contentious history, the neighbor had installed six video cameras and the gesture was recorded.
Kirchner was ordered to pay a $100 fine and court costs.