Prosecutors are dropping the most serious charge against Russell J. Barkley, an elderly handicapped man who was arrested after a hunter claimed that he pointed a loaded gun at him on the opening day of rifle deer season.

The case was heard Wednesday in the courtroom of District Judge William O’Donnell in Slippery Rock.

The confrontation over a property line occurred Nov. 26 near Barkley’s home in the 300 block of West Park Road in Muddy Creek Township.

The hunter told police that he believed he was hunting on Moraine State Park property when he shot a deer, according to court documents. While field dressing the deer, he said Barkley, who uses a wheelchair, pulled up in a pickup truck and pulled a revolver on him. Barkley had originally contended that the hunter was on his property.

After police were called, they searched Barkley’s wheelchair, documents said, and found a .38 Special revolver loaded with six bullets. Troopers said they also found what they suspected was a plastic bag containing marijuana.

Barkley was then charged with aggravated assault, simple assault, possession of a small amount of marijuana and harassment.

But Wednesday, Assistant District Attorney Russell Karl dropped the aggravated assault charge, a felony, explaining that, “it was the right thing to do.”

Barkley waived his right to a hearing for the rest of the charges, allowing the altered case to advance.