A trooper's right to shoot an armed man during a confrontation was debated Tuesday in a district court during a hearing for a man accused of pointing a rifle in the direction of troopers called to his home after a dispute between neighbors.

However, charges in the case against Joshua Campbell held, and the case will now move forward to Butler County Common Pleas Court.

The 44-year-old Summit Township man, who is free on $75,000 bail, pleaded not guilty Tuesday to felony assault and other charges during a preliminary hearing before District Judge Lewis Stoughton.

Campbell was arrested May 22 after state police said they went to the neighborhood on the 900 block of Bonniebrook Road around 2 p.m. for a reported altercation between two next-door neighbors.

The complaining neighbor claimed the defendant brandished a gun.

Troopers said Campbell pointed a gun at them, but on Tuesday trooper Michael Lewis conceded a gun was never pointed at him when he responded to the call. The concession was made during cross examination from Campbell's lawyer, Joel Hills.

Assistant District Attorney David Beichner is prosecuting the case.

Lewis recalled during the hearing that he responded to the call, and when he got there Campbell walked toward them unarmed. Lewis ordered Campbell to get to the ground, explaining that this is common when responding to a call with a reported gun involved.

Campbell didn't listen to Lewis and instead the two “engaged in a verbal argument,” according to Lewis.

Lewis said Campbell cursed the troopers and then went back to his house to grab a “long gun.”

Lewis recalled that he then ran back to his patrol cruiser and grabbed his own rifle to face Campbell.

“His children were on the porch, otherwise it might have ended differently,” Lewis said and later he elaborated, “He's lucky we didn't exchange gunfire.”

Lewis also admitted that he never saw Campbell point the “business end,” as Hills described it, of the gun at troopers.

Hills also asked Lewis if he called Campbell's son an insulting term, to which Lewis responded that it was a possibility he used that language.

He explained that the son was also resisting arrest at one point, which led him to use the insulting term.

Campbell was eventually arrested and his case will now move to the Common Pleas level.

Beichner also called trooper Zachary Julian to testify. Julian filed the charges in the case.

He noted that Campbell and his neighbor have been arguing over property lines for a long time, and the May 22 argument turned violent when Campbell pushed the neighbor.

Stoughton also heard several other cases on Tuesday.

Drunken driving

Charles D. Schweinsberg, 37, of Butler, is behind bars on a list of charges, including three felonies. But on Tuesday, Beichner dropped a felony charge of flight to avoid apprehension and fleeing or attempting to elude a police officer. Beichner told Stoughton the decision was made because there was a lack of evidence to prove those charges.

Schweinsberg now faces charges for allegedly driving drunk in a stolen vehicle May 15. He was placed in the Butler County Prison on $30,000 bond following arraignment. Authorities said he also is being held on a state parole detainer.

Stoughton on Tuesday declined a request to reduce Schweinsberg's bond.

Vandalism

Two men agreed to pay a total of $1,000 for vandalism damages made March 5 to the Jehovah's Witnesses Kingdom Hall on Unionville Road.

Robert Walsh, 34, of Center Township, and Joseph R. Tulick, 32, of Pittsburgh, agreed to split the cost, and in doing so Beichner allowed the majority of the charges to be dropped. He said the decision was made with the blessing of the worship center.

Both defendants were charged with institutional vandalism, a misdemeanor, and disorderly conduct and public drunkenness, both summaries.

Additionally, Walsh is charged with criminal mischief, a misdemeanor, and Tulick is charged with scattering rubbish, a summary.

As part of the deal, Walsh and Tulick pleaded guilty to a summary disorderly conduct charge.