A defense lawyer accused Butler County prosecutors of reneging on a promise made to his client at the preliminary level.

Matthew J. Bowser, 30, faces charges for a burglary last summer during which $40,000 in goods were stolen. On Tuesday, Bowser's lawyer, Joseph Hudak, asked Judge William Shaffer to enforce an agreement Hudak said he reached with prosecutors at Bowser's preliminary hearing.

Bowser faces three felonies of burglary, theft and criminal trespass, but Hudak said former Assistant District Attorney Russ Karl promised to recommend Bowser to the accelerated rehabilitative disposition, an alternative sentence for first-time offenders who aren't facing violent charges. Karl, who turned 60 years old in December, retired from the prosecutor's office under unknown circumstances.

“This is a clear contract,” Hudak said, arguing his client fully cooperated with authorities on the investigation.

The Pittsburgh-based attorney also said Bowser completed a long-term rehabilitation program since being charged, and pointed out his client had never committed a crime before this.

“He, unfortunately, became involved in drug use with a number of other people,” Hudak said, adding later, “He will never get back into drug use.”

Assistant District Attorney Mark Lope, who is now assigned to the case, said Karl did not have the authority to make such a promise at the Sept. 25 preliminary hearing.

Lope said he doesn't have a position on the matter, but added Karl made a notation on the preliminary court documents where he recommends the program for Bowser. The ARD program allows defendants to undergo probation and government supervision for a period of time — and if they complete the program, their records are wiped clean. Entering into the program is not an admission of guilt.

Shaffer asked Hudak what legal authority he has to force Lope's hand, leading to a request by Hudak for the hearing to be continued. Hudak and Lope will now have opportunities to file briefs in support of their position.

State police allege Bowser and his codefendants — Justin W. Ealy, 30, of Summit Township; and Leroy D. Bowser Jr., 52, of Emlenton — targeted a trucking company on Station Road in Mercer Township in July 2019.

Authorities said that among the estimated $40,000 in items stolen from the garage was a Harley-Davidson motorcycle, a Yamaha all-terrain vehicle, a Stihl concrete saw and other property.

Leroy Bowser's case remains at the preliminary level because he is still wanted on an arrest warrant in the case. Ealy's case continues in court, and he is out on a $50,000 bond.