BELLEFONTE — A Snow Shoe man accused of firing a gun in his home during an altercation with his wife was in court Wednesday.
The prosecution withdrew the most serious charge against Theodore Shay — a felony count of discharge of a firearm — but waived his preliminary hearing on the remaining misdemeanor counts of simple assault and recklessly endangering another person.
The charges stem from an incident Saturday, when Shay, 25, is accused of firing a .357-caliber revolver into the floor near his feet after an argument with his wife.
Despite the waiver, Shay appeared before District Judge Leslie Dutchcot as his attorney argued for a modification of his $150,000 monetary bail in light of the withdrawn felony charge. Part of his reasoning was that his client didn’t want to be separated from his wife and children.
Assistant District Attorney Crystal Hundt opposed that motion, saying the defendant had said, “I’m going to end it all,” which could have been a threat of violence toward his wife or a suicidal gesture.
“He has already taken a weapon and made threats. What’s going to happen the next time he is severely intoxicated?” Hundt said.
“When we set bail, we take into consideration not just the felonies or misdemeanors,” she said, adding that the bail set by District Judge Tom Jordan at arraignment was “sufficient.”