Two teens and a 51-year-old man from New Hanover will face misdemeanor charges at a county trial related to a bout of target practice gone wrong on August 14, where a stray bullet hit an SUV occupied by a mother and her three children as she drove on Route 73.
Felony charges of risking a catastrophe were dismissed at a preliminary hearing by Judge Maurice Saylor, according to Brandie Kessler of Pottstown Mercury.
Saylor held several misdemeanor charges over for trial against David Beamer, 51, of 3373 New Hanover Square Road, New Hanover; Michael Glazewski, 18, of 1246 Hunter Lane, Perkiomenville; and Christopher Malinowski, 18, of 3314 New Hanover Square Road, New Hanover, according the Mercury.
Saylor also dismissed several felony charges lodged against the trio, according to the article.
Beamer heads to trial with one felony aggravated assault charge.
Defense attorneys for the three argued during a four-hour preliminary hearing Tuesday that the incident was a “bizarre freak accident,” according to the Mercury. Beamer’s attorney, Martin Mullaney, said the incident was an accident and not a crime, according to the article, and all charges should be thrown out.
Assistant District Attorney Abigail Silverman said a bullet allegedly fired from Beamer’s property during target practice that struck the SUV is recklessly endangering another person, according to the article.
The bullet, police said, narrowly missed striking a child in the backseat of the SUV, according to the article.
Silverman said in the article that the conduct of the three “put bullets on a public roadway.”
All three were charged Aug. 14 with felony risking a catastrophe, misdemeanor propelling a missile into an occupied vehicle, misdemeanor corruption of minors, misdemeanor possessing instruments of crime, misdemeanor reckless endangerment and disorderly conduct, according to the article.
Beamer was additionally charged with felony aggravated assault, resisting arrest, misdemeanor disorderly conduct and harassment because he allegedly assault an officer investigating the report of shots fired, according to the Mercury.
In the end, Saylor dismissed the felony risking a catastrophe charge against Beamer, as well as the misdemeanor count of possessing an instrument of crime and the disorderly conduct charges, according to the article.
The two teens also got off on the felony risking a catastrophe charges, according to the article.
Saylor also dismissed a new misdemeanor charge lodged at the hearing against each man of disobeying a township ordinance for the discharge of weapons, according to the article.