Lawyer wants serious charges dropped against Saxonburg man accused of assaulting boy
By Jodi Weigand
Published: Saturday, Oct. 19, 2013, 1:16 a.m.
In a pretrial motion filed this week, an attorney for a Saxonburg man accused of participating in a series of assaults on his then-girlfriend's young son asked that a judge dismiss the four most serious charges against his client.
Attorney Gerald Cassady argues that the Butler County District Attorney's Office exceeded its authority when it reinstated an aggravated assault charge and tacked on two others against Ed Myers, 36, of Carol Drive after Myers waived his right to a preliminary hearing in August.
Myers is accused of pouring nail polish remover over the 7-year-old boy and watching as one of his own sons set the liquid aflame.
The incident caused third-degree burns on the child's chest, neck and face.
Myers is accused of shooting the child with an AirSoft rifle, causing bruises.
Saxonburg police say they obtained cellphone video of the attacks.
The district attorney's office filed the felony assault counts this month.
No one from the office returned calls seeking comment.
“My client has a right to a preliminary hearing as to the additional charges, at which time the commonwealth is required to demonstrate (their burden of proof),” said attorney Gerald Cassady.
He said the district attorney's office has the ability to add charges, but only if the charges are related or are different subsections of the same crime.
Myers agreed to waive his right to a preliminary hearing after prosecutors dropped an aggravated assault charge.
At that time, prosecutors upgraded a reckless endangerment charge to a third-degree felony, which still carries a lesser penalty than the aggravated assault charge.
Cassady is seeking dismissal of the child endangerment charge.
Cassady said he's hopeful the judge will schedule a habeas corpus hearing, which is similar to a preliminary hearing, on the four felony counts.
Jodi Weigand is a staff writer for Trib Total Media. She can be reached at 724-226-4702 or email@example.com.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Valley High Touchdown Club officers clash with parents over finances
- Allegheny Township man accused of gashing girlfriend’s face with scissors
- Knoch High School, Penn United may join forces for tech class
- Fawn man convicted of firearm violation, which carries minimum 15-year sentence
- Freeport Area moves to seek permits for roadwork at site of school project
- ‘Welcome Christmas’ at Casino Theatre embraces the reason for the season
- Butler County hunter found dead in Cowanshannock
- Casey wants answers on nuclear cleanup shutdown
- North Apollo holds line on taxes, trims some fees
- Deer Lakes offers longtime teachers an early retirement package
- Apollo-Ridge superintendent receives $3,000 pay raise