Man held for court on two of three charges
Two of the three charges filed against a Beaver County man, who allegedly threw a knife that struck a picture on a wall near where a woman was sitting during a domestic dispute in Butler last month, were held for court at his preliminary hearing Friday.
Magisterial District Judge William Fullerton ordered a felony charge of aggravated assault and a misdemeanor charge of terroristic threats filed against Dan Cale Schroth, 40, of Beaver Falls, held for court. Fullerton dismissed a felony charge of burglary.
Butler City police filed the charges following the June 12 incident at the home of the alleged victim, a woman who was the only witness that testified at the hearing.
The woman said she and Schroth had an on-and-off relationship for 10 years, but she hadn’t seen him for two or three months before the incident took place.
She said they were communicating by email and text during the time apart. She said she sent him a message saying she missed him about a week before the incident. She said she also sent him a nude photo.
The incident began after he arrived at her home at 8 a.m. The woman said she couldn’t see who was knocking on the door, but believed it was her brother so she opened the door.
Schroth stepped inside and asked who was with her, she said. If someone else was there, he said he would kill both of them, she said.
She said they argued over their relationship and he accused her numerous times of being in a relationship with someone else.
Schroth told her that she would have to leave the state to have another relationship, she said.
He was also upset because his children were moving out of state, he cried at times and said he didn’t want to continue living, she said. She told him to leave many times during the ordeal, she said.
She said they also had consensual sex.
“I’d do anything to make him leave. I did what he asked,” she said.
Afterward, they argued again. At one point, Schroth removed a fixed-blade knife from a sheath he was carrying and threw it, she said.
The knife hit a picture hanging on a wall behind the couch she was sitting in, she said. The place where the knife hit the picture was about 2 feet away from her head, she said.
When Schroth went to the restroom, the woman said she retrieved her handgun. When he returned, she said she removed the gun from its holster and told him to leave. When he didn’t leave, she said she chambered a round and again told him to leave, and he left, she said.
Defense attorney Steven Valsamidis argued that the burglary charge requires proof that Schroth intended to commit a crime, but the prosecution did not present proof.
He asked for all three charges to be dismissed.
Assistant District Attorney J.P. Kolzer asked for all charges to be held for court.
“Is every domestic a burglary?” Fullerton said. “I’m not prepared to make that leap.”
