A Butler woman accused of driving under the influence, leading police on a chase and resisting arrest had two charges removed and one added at a preliminary hearing Monday.

In the state's case against Brittany B. Austel, 25, District Judge William Fullerton agreed to remove two counts, one felony aggravated assault and one misdemeanor simple assault, but added a new charge of aggravated harassment by a prisoner.

The new charge is a result of Austel's allegedly spitting on a corrections officer while she resisted being taken into the Butler County Prison on charges of DUI, fleeing and resisting arrest.

“Her intent would have to be to cause bodily injury,” said Michael McFarland, Austel's public defender. “Her intent was probably not to cause bodily injury, but was to insult the correctional officer holding her.”The judge agreed, despite Assistant District Attorney Amanda Scarpo's argument that spitting in someone's face during a time of the pandemic was a threat to the officer's health and safety.Fullerton said although the behavior was disgusting and repulsive, it didn't merit aggravated assault charges.“There's no evidence that Austel had COVID or knew she had COVID, correct?” he said, asking Scarpo, who agreed with the statement.Fullerton said the newly added charge better fits the alleged offense. He also held for court Austel's other charges stemming from the incident.Austel attended the hearing virtually.Trooper Matthew Stimac, the arresting officer, testified concerning the Feb. 20 arrest.Stimac said he witnessed Austel swerving across traffic lines and within the lane on Freeport Road and tried to perform a traffic stop.“We initiated pursuit,” he said.Stimac said he followed Austel with his lights and sirens on for about two miles, entering the city, where assisting officers failed to stop Austel with spike strips.In response to a question by McFarland, Stimac noted the chase was not at a high speed, and Austel may have been driving at or near the speed limit.Stimac said he then initiated a pursuit intervention technique, which involves an officer using their car's front end to bump the rear-end of the pursued vehicle to cause a controlled spin.According to Stimac, the vehicle stopped in the middle of Wayne Street, near the Donut Connection, and as officers approached, Austel refused to follow officers' commands.“She was very uncooperative and combative,” Stimac said.During cross-examination, Stimac said police conducted a search on the grounds of an incidental arrest, which under the Fourth Amendment allows officers to conduct a non-consensual search if the underlying arrest is valid. He said Austel did not consent to the search.Stimac said police found a used glass pipe and an open can of “Four Loco,” an alcoholic beverage. The pipe was photographed and submitted as evidence, but the can was not.“I don't know if it was empty or contained liquid,” said Stimac to a question by McFarland.Stimac said police have video of Austel resisting arrest, both at the scene and the county jail. Those videos will be available to the defense later.McFarland first argued against the DUI charge because Austel never was given or offered a field sobriety, breath or blood test to prove her intoxication. He also argued that if the DUI charge is dismissed, the fleeing charge should be reduced.Fullerton said he understood McFarland's position, but he ultimately agreed with Scarpo's argument in favor of keeping those charges.“Based on the totality of the circumstances, we have met our burden of circumstance to provide a prima facie case,” Scarpo said.Austel is scheduled to appear for a formal arraignment in April before a county judge.

Brittany Austel