CHICORA — Most charges are headed for court for three men accused in an alleged armed break-in and assault last week at a home in West Sunbury.

But attorneys for the defendants managed to score legal points at a preliminary hearing Tuesday in Chicora.

Following testimony and arguments, District Judge Lewis Stoughton dismissed a charge of terroristic threats against Robert M. Codispot Jr., 31, of Clay Township; and Davion A. Johnson, 19, and Eric D. Purnell, 48, both of Detroit.

Stoughton ordered the trio held for trial on charges of burglary, simple assault and harassment.

Additionally, Codispot and Johnson were held on charges of possession of a controlled substance and drug paraphernalia, and possession of a small amount of marijuana.

The three defendants remain in the Butler County Prison on $100,000 bail each.

Trooper Matthew Kephart was the lone witness to testify at the hearing. He recounted being called out about 10:30 a.m. July 17 to investigate a crime at a West Main Street home in West Sunbury.

Homeowner Joel Cumberland told the trooper that he was at his home with two women when he saw a car pull up with the three defendants inside.

“Codispot exited first holding a pistol,” Kephart testified in recalling Cumberland's account. The trio allegedly made threats, seeking to get into the house.

“Cumberland said he feared for his life and let the three males enter his residence,” Kephart said.

But on cross-examination, the trooper acknowledged that he could not say what the defendants said to warrant the threat.

He noted that another trooper, with the crime unit, also investigated the case and filed a report, which was unavailable at the hearing.

Cumberland, who never claimed the gun was ever pointed at him, said he saw the defendants go into his house. Apparently scared, he fled to a nearby car wash and apparently called 911.

Brittany D. Williams, 28, and Athena Tompai, 29, were both in the house when the three men walked in. But Tompai claimed that's when she walked out.

Williams told police that as soon as the defendants entered, they began hitting her in and about the head and face.

Kephart said Williams had facial injuries including swelling, bruising and a bloody nose.

“Did either (woman) tell you why Mr. Codispot and his friends showed up at the house?” Codispot's attorney, Michael Jewart, asked the trooper.

“(Williams) advised (that) her friend Tompai had taken a pistol from either Johnson or Purnell the night prior,” Kephart replied.

But according to Tompai's account, it was Williams who had taken the pistol.

Both women told police that the gun was taken the previous night “whenever they were involved in drug activity, partying” at different locations in the county, Kephart testified.

That revelation came during questioning by Johnson's court-appointed attorney, Kenneth Harris.

The trooper noted that Cumberland was not part of the partying the night before the alleged burglary and assault.

In another revelation, this one while being questioned by Jewart, the trooper said he believed Williams was high on crack cocaine when she claimed she was assaulted.

Kephart also described Williams' relationship with the defendants as “associates through drug use.”

While in Cumberland's house, one of the defendants allegedly saw a handgun at the bottom of the cellar steps.

“(Williams) advised (that) the three males made her walk to the bottom of the steps, pick up that pistol and give it to them,” Kephart said.

The suspects took the pistol they apparently came looking for, and drove away. Tompai voluntarily left with the men, believing she was getting a ride home, according to testimony.

During his turn at cross-examination, Purnell's attorney, public defender Joseph Smith, asked Kephart if anyone claimed they saw his client with a gun.

The trooper referred to someone making “reference to another individual having a firearm,” other than Codispot. But he could not elaborate.

Police eventually showed up at Codispot's home on Muddy Creek Drive around 12:30 p.m. They found all three defendants inside and arrested the trio.

Troopers also subsequently got a search warrant for Codispot's house, apparently to look for, in part, the pistol that he was allegedly seen carrying at Cumberland's home.

During the search, they found a small amount of suspected marijuana and heroin that they believe belonged to Codispot and Johnson, according to testimony.

The defense attorneys asked Stoughton to dismiss the most serious charges against their clients, arguing that there was no evidence presented that the men forced their way into Cumberland's house or that they threatened him.

Stoughton threw out the terroristic threats charge, but held all the others.