A judge will hold a hearing to determine if a Saxonburg man accused of shooting a 7-year-old boy with an air gun and helping to set the child on fire should face three felony assault charges.

Defense attorney Jerry Cassady, representing 36-year-old Edward Myers, had filed a written request initially asking Butler County Judge William Shaffer to hold the hearing or dismiss three counts of aggravated assault.

Prosecutors in the county district attorney’s office added the charges after Myers gave up his right to a preliminary hearing in exchange for a set of charges that did not include the felonies.

But during a hearing Tuesday before Shaffer, Cassady said he and prosecutors agree the most fair way to handle the new charges is to hold a hearing that would function in the same manner as a preliminary hearing.

During a preliminary hearing, a district judge determines if charges filed against a defendant merit further court action.

Shaffer did not set a date for the hearing, which would be in his courtroom.

The judge during the same hearing chose not to rule on a request by prosecutors that Myers be forbid from getting visits from his two sons in the Butler County Prison, where Myers is awaiting trial unable to post $250,000 bail.

Prosecutors allege Myers’ sons are the equivalent to coconspirators.

Prosecutors believe Myers and his sons, ages 15 and 11, attacked Daniel Podskalny May 25 in Myers’ mobile home.

Court records allege the three shot Daniel with Airsoft and pellet guns. Myers allegedly followed the boy to the bathroom and poured nail polish remover over him. Daniel said his shirt was then purposefully ignited, apparently by Myers’ older son with a lit cigarette, authorities said.

Myers’ older son already has been adjudicated delinquent, which is the juvenile court equivalent of a conviction, on misdemeanor charges in this case. He still is under court supervision.

The younger boy was not charged. However, monthly, supervised visits to his father were ordered as part of a Children and Youth Services dependency case.

Shaffer said he did not believe he had the authority to make a ruling that interferes with the dependency order or restricts the boys’ rights to visit their father.

Rick Bosco, one of two assistant district attorneys prosecuting this case, successfully asked for time to research the judge’s authority and present it in writing to the judge before he rules.