EVANS CITY — A woman who allegedly fired a single round from a gun in Evans City saw the two most serious charges against her dismissed Tuesday at a preliminary hearing.

Free on $50,000 bond, Brittany L. Young, 37, of Grove City, appeared in court to face two felony counts of aggravated assault, two misdemeanor counts of reckless endangerment and one misdemeanor count of disorderly conduct.

Young has been accused of firing off a round that landed near a local man, who was in the midst of an argument with neighbors.

Following a decision by District Judge Wayne Seibel, her case moves forward to the Butler County Court of Common Pleas without the two felony charges.

Young's attorney, Charles P. Hoebler, called for the judge to dismiss those charges based on an argument that Young, who holds a concealed carry permit, used her gun in a lawful manner and shot at the ground, not at the accuser.

“There's no testimony that would support the charges of aggravated assault against anybody,” Hoebler said. “It's pretty obvious she shot it at the ground, not at anybody.”

Assistant District Attorney David Beichner argued that the bullet was close enough to the man to be thought of as an attempt to cause serious bodily injury. Beichner cited the arresting officer's testimony that the bullet landed about four to five feet from where the man was standing.

“Yes, it hit the ground, thankfully, but it was near the alleged victim,” Beichner said. “The gun was racked again and that could be done for any number of reasons.”

Seibel said he agreed with Hoebler's argument, but he was reluctant to dismiss the case entirely, especially when the other charges fit the nature of the incident.

“Irregardless of where that bullet went, it should have never gone off,” Seibel said.

Evans City Seven Fields Patrolman Luke Rowlands testified Tuesday. He said police were notified of the incident by a neighbor ringing the doorbell of the police station repeatedly. She told officers a woman had fired a gun across the street.

Rowlands said when police encountered Young, she was still holding the gun, a 9 mm pistol, in her right hand, but Young “instantaneously” followed every order they gave her and did not struggle when arrested.

“Whenever I got her handcuffed, I took the weapon and unloaded it,” Rowlands said. “There was one round in the chamber.”

Rowlands said following her arrest, Young was muttering under her breath.

“She said she should have kept shooting, and we would have needed a body bag,” Rowlands said.

According to Rowlands, police then found a hole that was about 3.5 inches wide and 10 inches deep. He said the bullet was not recovered from the hole, which was about five feet from the accuser and 10 feet from where Young had been standing. He said one shell casing was found about 10 feet to Young's right, consistent with the narrative that she fired one round.

Rowlands said a fellow officer collected voluntary witness statement forms which said Young became entwined in a dispute between the accuser and another neighbor, who took issue with the accuser's dog defecating in the wrong yard.

Rowlands said Young had been visiting a friend whose apartment was in a different part of the same building in which the accuser lives. Young was at the time in her vehicle in the parking area of the shared property.

During cross-examination, Hoebler focused on that part of the investigation.

Rowlands said he did not know why Young pulled out the pistol or got involved in the argument.

A formal arraignment for the remaining three misdemeanor charges has been scheduled Sept. 21 in county court.