CHICORA — Prosecutors on Tuesday withdrew the most serious charge against a Saxonburg man accused of shooting his former girlfriend's 7-year-old son with an air gun, helping set the boy on fire and filming the alleged attack.

But 36-year-old Edward Myers Jr. still faces a felony charge and several lesser counts in the suspected torture attack May 25 at his mobile home.

“Based on interviews of the witnesses and based on the evidence, we believe this was the appropriate thing to do,” said Russ Karl, an assistant district attorney. He declined further comment on the decision.

Karl and defense attorney Jerry Cassady worked out an agreement to dismiss the top count of aggravated assault, a first-degree felony, in exchange for Myers waiving his preliminary hearing Tuesday in Chicora on all other charges.

As part of the agreement, a charge of child endangerment was upgraded from a first degree-misdemeanor to a third-degree felony.

Myers will now face trial on that lone felony count as well as misdemeanor charges of simple assault, reckless endangerment, and possession of a controlled substance and paraphernalia.

Under state law, first-degree felonies carry 20-year maximum sentences, while third-degree felonies are punishable by up to seven years in prison.

Cassady said he was pleased with the outcome, and believes it benefits his defense case.

“It actually shifts the focus of the case factually from causation of the injuries to the young man involved,” he said, “to whether or not 911 or ambulance services should have been called, and when they should have been called.”

Saxonburg police Chief Joe Beachem said Myers threw flammable liquid on Daniel Podskalny, then did nothing to help him after the boy was set on fire.

Earlier that day, Daniel's mother, Laure Halliwell, who was then dating Myers, left her son in the care of the defendant, who was home with his own two sons, ages, 15 and 11.

The boy told police that at some point in the afternoon, Myers and his two sons began shooting him with airsoft and pellet guns, according to court documents.

Myers later allegedly followed the boy to the bathroom and poured nail polish remover over him.

Daniel said that his shirt was then purposefully ignited, apparently by Myers' older son with a lit cigarette, authorities said.

Police believe Myers video recorded the suspected torture attack on his cell phone.

The victim, according to Beachem, suffered in pain for three to six hours until his mother returned home, saw the injuries and took him to the hospital.

Daniel suffered third-degree burns on his face and chest, covering about 10 percent of his body, documents said. He also had welts on his forehead.

He spent several weeks at UPMC Mercy Hospital's Burn Unit in Pittsburgh, receiving treatment for his injuries.

Accompanied by his parents and grandparents, Daniel appeared Tuesday at District Judge Lewis Stoughton's office but remained out of the courtroom. He was prepared to testify had Myers requested his hearing, Karl said.

“(Daniel) still has scarring on his chin and neck from what I could see,” Karl said. “He otherwise appeared to be doing good. He seemed like a 7-year-old kid.”

The boy's family declined to comment after the court proceedings. Sheila Paul, a friend of the family, however, read a prepared statement.

“On behalf of the Halliwell family, they would like to thank all the family, friends and complete strangers for their support and prayers for Daniel and the families involved in this horrific event,” Paul said.

Speaking for the family, she also praised the work of police and the medical care given to Daniel. She would not talk about his recovery or current condition.

“At this time,” Paul said, “the Halliwell family is focused on Daniel's recovery and respectfully ask for privacy so they can concentrate their full energy on Daniel's care and they can recover from this horrifying event.”

Myers, who remains in Butler County Prison on $250,000 bail, faces formal arraignment Oct. 1.

His 15-year-old son, meanwhile, on July 31 was adjudicated delinquent, the juvenile court equivalent of a conviction, on misdemeanor charges in the same case as his father.

By law, Karl said, he could not discuss the disposition of the 15-year-old's case.

Following his arrest, the boy was placed in the Keystone Adolescent Center in Greenville, Mercer County.

Myers' 11-year-old son, who was not charged, remains in the custody of Butler County Children and Youth Services.

A fund has been set up to help 7-year-old Daniel Podskalny, who was badly burned May 25, allegedly at the hands of his mother's ex-boyfriend at his trailer home in Saxonburg.The fund has been established through Citizens Bank.Donations can be made to: “The Daniel Fund”; Citizens Bank; 8050 Peebles Road; Pittsburgh, PA 15237.For more information, call 412-366-2300.