A district judge withdrew one count of risking catastrophe against a Butler woman accused of setting her house on fire with herself and her two children inside.

Tanya Marie Richter, 36, is accused of locking her 12-year-old son out of the house in the 300 block of North Chestnut Street then barricading herself and her 2- and 4-year-old daughters in the attic before attempting to light a fire.

During a preliminary hearing before District Judge William Fullerton on Monday, June 30, defense attorney Terri Schultz highlighted inconsistencies between arresting officer Michael Sulerud’s testimony and charging documents.

She said the charging documents included reports of burned clothes and scorch marks found in the home, but these were absent from Sulerud’s testimony.

Sulerud testified he responded to a June 15 call for a woman who locked herself inside a home with two children and set fire to the residence. Sulerud said he arrived to find other officers and firefighters standing at the door. He said no flames or smoke were showing from outside the residence and firefighters were not preparing to fight a fire.

Assuming the other first responders had knocked when they arrived, Sulerud said he kicked in the door and found visible smoke and the scent of burning inside the home.

Police treated the call as a hostage situation and began clearing each floor, he said. Police cleared the first floor and found burned papers inside the front door and on the kitchen counter, and a cellphone battery in a cup of water on the kitchen counter, according to Sulerud.

Sulerud said he did not see what Richter may have used to start the fire.

While clearing the second floor, police heard yelling coming from the third floor. Sulerud said police climbed the stairs and saw Richter stacking items in the attic doorway.

Sulerud said Richter became combative when police entered the room. He said he saw the two girls in the corner unharmed and took them outside while other officers detained Richter. He said Richter kicked multiple officers and bit one’s hand while being detained.

Assistant district attorney Robert Zanella Jr. and Sulerud also argued the charge for risking catastrophe could apply because of the potential loss of life and damage.

David Wiskeman, Richter’s neighbor of about nine months, testified during the preliminary hearing. Wiskeman said Richter’s 12-year-old son ran to his house when he was locked out.

He said, the boy told Wiskeman his mom had locked him out and was using matches to set the house on fire. Wiskeman told the boy to knock on the door while he called police. The boy went back and forth between the houses multiple times, and Wiskeman said he called police a second time when the boy came back crying.

Wiskeman said he did not see flames but could smell faint burning. Shultz highlighted Wiskeman’s testimony was solely based on the word of a 12-year-old.

Preliminary hearings determine only if a crime could have occurred, not the credibility of witnesses.

Fullerton denied Richter’s request to reduce bond. He said he believed she is a danger to herself and others. Richter is being held in Butler County Prison on a $250,000 bond.

Seven felony counts of aggravated assault, one felony count each of arson and child endangerment, and one misdemeanor count of resisting arrest against Richter will proceed.

Her formal arraignment is scheduled for 1 p.m. Aug. 19 in Butler County Common Pleas Court.