Edward Myers

Officials appear to have reversed direction in their prosecution of a Saxonburg man accused of shooting a 7-year-old boy with an air gun and helping to set the child on fire.

On Tuesday, 36-year-old Edward Myers was arraigned on three counts of first-degree felony aggravated assault.

Initially, Myers faced one count of aggravated assault. But in August, when Myers waived — or gave up — his right to have a preliminary hearing, the Butler County District Attorney's Office withdrew that charge and continued to prosecute Myers on lesser charges. The most serious charge was a third-degree felony.

Then on Tuesday, Myers was arraigned before Butler County Judge Timothy McCune on a list of charges amended by the DA's office to include three counts of first-degree felony assault: one for allegedly dousing the boy in flammable liquid, one for allegedly shooting the victim with an air gun, and a final count alleging the defendant had encouraged and incited “juveniles to punch, strike, and kick the victim in and about the head and body numerous times,” according to court records.

The alleged attack occurred May 25, when Myers was caring for the victim, Daniel Podskalny, as well as his own two sons, ages, 15 and 11.

Daniel's mother, Laure Halliwell, was then dating Myers.

Court records allege Myers and his sons shot Daniel with Airsoft and pellet guns. Myers 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 officials, 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.

Assistant District Attorney Christine Studeny, who now is prosecuting the case with fellow Assistant District Attorney Richard Bosco, declined to comment on why the charges were changed.

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

Myers' defense attorney Jerry Cassady also declined to comment at the arraignment. However, he said he soon would be filing a motion on behalf of his client regarding the felonies.

Because the defendant had given up his right for a preliminary hearing in exchange for the reduction in charges, he could ask that a preliminary hearing be held before a district judge or criminal court judge.

In addition to the felony assaults, Myers is charged with child endangerment, simple assault, reckless endangerment, and possession of a controlled substance and paraphernalia.

Myers, who remains in Butler County Prison on $250,000 bail, is scheduled to appear in court again Oct. 28.

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.