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An 84-year-old man accused of attempting to fondle an undercover state trooper in a restroom at a store in Westmoreland Mall is asking that charges against him be thrown out.

Michael V. Kravontka, of 413 N. Maple Ave., Greensburg, was arrested Sept. 16, 2004, after Trooper Royce Capeheart said Kravontka reached for his genitals while he was standing with his pants down at a urinal in a men's restroom in Kaufmann's department store.

According to court papers, Capeheart testified he was investigating complaints of sexual activity in the mall restrooms, and observed Kravontka enter one and remain there for more than 10 minutes.

Capeheart testified at a preliminary hearing that he stopped at a urinal, washed his hands, then visited a stall when Kravontka proposed from a neighboring stall that they engage in a sex act.

While the defense and prosecutors differ slightly on what happened next, both agree that Capeheart left the stall, went to the urinal area and disrobed to a degree.

Capeheart said when Kravontka attempted to touch him inappropriately, he was arrested.

Prosecutors contend Capeheart acted as if he was using the urinal, while the defense disagrees. Both sides said in court filings that the trooper's genitals were exposed.

Kravontka was charged with attempted indecent assault for reaching toward the exposed trooper and disorderly conduct for proposing the sex act.

Kravontka has asked that the charges be dismissed.

Kravontka's attorney, Ron Chicka, argued that because the trooper exposed himself, prosecutors cannot prove attempted indecent assault because they must prove the attempt was made knowing the defendant didn't have permission.

Judge Richard E. McCormick Jr. is set to decide the case at a later date.

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