After withdrawing felony assault charges against a Saxonburg man accused of shooting a 7-year-old boy with an air gun and helping to set the child on fire, prosecutors say they obtained additional evidence that led them to add three counts of aggravated assault.

The defendant, 36-year-old Edward Myers, had challenged the prosecution’s right to add those charges, and demanded a preliminary hearing that was scheduled to happen Wednesday before Butler County Judge William Shaffer.

But in yet another twist in the case, the defendant opted to pass on that opportunity and instead waived his hearing.

“Tactical reasons,” was the only explanation given by defense attorney Jerry Cassady of Butler.

Prosecutors believe Myers and his sons, then aged 15 and 11, attacked Daniel Podskalny May 25 in Myers’ mobile home.

Court records allege the three shot Daniel with Airsoft and pellet guns. Myers allegedly followed the boy to the bathroom and poured nail polish remover over him. Daniel said his shirt was then purposefully ignited, apparently by Myers’ older son with a lit cigarette, authorities said.

Police initially charged Myers with one count of aggravated assault that was dropped in August when the defendant gave up his right to a first preliminary hearing. The Butler County District Attorney’s Office added the three charges in September, resulting in the second hearing waiver Wednesday.

“The initial investigation in this matter was fluid,” Assistant District Attorney Richard Bosco said Wednesday. “Additional evidence was obtained that caused us to add these charges.”

Bosco declined to identify the new evidence.

Myers next court appearances are Jan. 8 and 14.

At the later hearing, the defense will challenge the competency of Daniel to testify. According to a request authored by Cassady in November, the young boy was questioned by a number of different people about the allegations and his testimony might have been tainted.

“It is believed ... that some of the individuals who had discussed the incident with the child are possessed of a motive hostile to the defendant.” Cassady wrote.

The same court requests ask the court to move the future trial on this case to a different county or bring in a jury from a different county to hear the case, based on the amount of media coverage it has received and “strong emotive responses” the allegations could provoke. However, on Wednesday Cassady said, if the judge allows, both the defense and prosecutors have agreed to have a nonjury trial.

Myers is awaiting trial in jail, unable to post $250,000 bail.