dme court

Charges against a Buffalo Township man accused of using an excavator to tear down his home with his wife and children inside were amended at a Tuesday, June 9, preliminary hearing.

A felony charge of causing catastrophe filed against Erik A. Pierwsza, 48, was changed to felony risking catastrophe.

The other charges, three misdemeanor counts of reckless endangerment and misdemeanor disorderly conduct, were waived for court before District Judge Jack D. Ripper.

The change in the felony charge reduces Pierwsza’s penalty if found guilty from a maximum of 10 years in prison and up to a $25,000 fine to a maximum of seven years in prison and up to a $15,000 fine.

“We appreciate the district attorney’s willingness to do that,” defense attorney Michael Pawk said about changing the felony charge. “We think that’s more appropriate based on the facts as we know them at this time.”

Pawk said Pierwsza wants to reunite with his children and noted he built the home involved himself.

It was his understanding Pierwsza’s wife and children continued to live in the home after the incident, he said.

Police said dispatchers could hear yelling and the sound of an excavator in the background when Pierwsza’s wife called 911 on May 26 from the Martin Road residence.

She told police Pierwsza had come home from a night of drinking. The two got into an argument that ended with him saying, “If it’s over, I’ll tear the house down,” police said.

Police said Pierwsza then got into his Kubota excavator and began tearing down the back of the house while his wife and two daughters were inside. Police said Pierwsza caused major damage and possibly compromised the house’s structural integrity.

Court records show Pierwsza’s wife was granted a temporary protection from abuse order against him the day of the incident.

Pierwsza’s formal arraignment is scheduled for 1 p.m. July 29 in Butler County Common Pleas Court.