Edward Myers

A Saxonburg man who allegedly helped burn a boy with nail polish remover pleaded no contest to felony aggravated assault.

Edward Myers, 37, will be sentenced Aug. 26, likely to the terms of a plea arrangement he made Tuesday with the Butler County District Attorney’s office: 4 to 12 years in state prison.

According to court records, Myers had been watching his own two sons and the victim, then 7-year-old Daniel Podskalny, on May 25, 2013. Daniel’s mother left her son in Myers’ care while she shopped because they were dating at the time.

According to court documents, Myers and his sons, then ages 15 and 11, at some point started shooting airsoft and pellet guns at the 7-year-old’s forehead. Myers later followed the boy to the bathroom and poured nail polish remover over him.

The boy told officials that later his shirt was then intentionally lit on fire by either Myers or the 15-year-old.

The victim suffered third-degree burns on his chin, neck, chest and face, covering about 10 percent of his body, documents said. He also had welts on his forehead.

Police said Myers did not seek medical help for the boy. When the mother returned to Myers’ home three to six hours later, she found her badly burned son on a couch.

She took Daniel to Butler Memorial Hospital. Later, he was taken to UPMC Mercy Hospital’s Burn Unit in Pittsburgh.

Myers’ plea of no contest means he is not acknowledging guilt, but rather choosing not to fight the case at a trial.

His non-jury trial was scheduled to begin today and last two days. Had the trial taken place, Daniel would not have been in the court room; arrangements had been made to allow him to testify by way of video conferencing.

In exchange for Myers’ plea, prosecutors agreed to drop other charges, including two other felony counts of assault.

All three assault charges were late additions to the prosecution’s case.

Initially, Myers faced one count of aggravated assault. But in August, when Myers waived his right to have a preliminary hearing, the district attorney withdrew that charge and continued to prosecute Myers on lesser charges. The most serious charge was a third-degree felony.

Months later, the DA’s office amended its case 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 Myers 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.

Myers’ plea is to the first count.

The assistant district attorneys prosecuting the case and defense attorney Jerry Cassady declined to comment.

Myers, who is unemployed, is awaiting sentencing in the county prison, unable to post a $250,000 bond.