Charges reduced in assault case
Lab test results on homemade moonshine led to charges being reduced or dropped against a Butler man who was originally accused of threatening to torch a woman and an infant after soaking them with the liquid.
Aaron T. Moyers, 43, was originally charged with several felonies related to arson for allegedly throwing homemade moonshine in August on the 25-year-old victim and her diaper-clad infant as well as on the building, and threatening to light it.
All related felony charges were dropped during the hearing Monday in Butler district court, and he now faces misdemeanor and summary charges related to the incident.
During the preliminary hearing, Assistant District Attorney Amanda Scarpo noted that the prosecution had received test results on the moonshine showing that, although there were flammable elements in the home brew, the liquid as a whole was not flammable.
These results led to Scarpo dropping felony charges of arson, risking a catastrophe and attempting to commit arson.
But she stopped short of dropping all related charges, arguing before District Judge William Fullerton that one count of felony aggravated assault should be held for trial.
Moyers' lawyer, Carl Marcus, argued that the aggravated assault charge should be dropped also if the lab results showed there was no danger of the liquid being flammable.
“You can't create aggravated assault with a non-flammable liquid. But that's what the commonwealth is trying to do,” Marcus said. “Nobody was injured.”
Scarpo argued that the charge should remain because it was Moyers' intention to burn the victim.
After both sides concluded, Fullerton decided to reduce the remaining felony aggravated assault to a misdemeanor simple assault.
Butler city police officer Jacob May testified about responding to the incident and subsequently arresting Moyers.
May said police were called around 8:30 p.m. May 25 to the victim's home, which is part of an apartment complex. A caller reported that Moyers “just attempted to burn down the residence and dumped a liquid on someone,” according to charging documents.
May spoke to the victim and another tenant as well as two others who apparently were visiting there. One of those visitors was the suspect's ex-wife, police said.
May's testimony was followed by the victim's.
“He said he was going to set me on fire,” the victim said, and then recalled that Moyers allegedly poured moonshine on her upper body and the baby she was holding.
The victim said that Moyers was apparently upset over a private issue with his wife.
Under questioning from Marcus, the victim noted that aside from being shaken up and wet, she did not suffer any injuries from the encounter. She did, however, claim to have suffered from post-traumatic stress disorder from the encounter.
Moyers also faces misdemeanor charges of terroristic threats and possession of drug paraphernalia and summary charges of public drunkenness and harassment.
Marcus also asked Fullerton to reduce Moyers' no-contact bond with Moyers' ex-wife to a non-violent contact, but Fullerton left the no-contact order in place.
