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Charges withdrawn in road incident

A cell phone was mistaken for a firearm.

And as a result, a slate of serious criminal charges was dropped against a Youngsville man during a preliminary hearing held on Wednesday morning before District Justice Todd Woodin.

Brian Bruce Kay, 35, was charged by Conewango Township police late last month with charges including four counts of aggravated assault and two counts each of terroristic threats and recklessly endangering another person.

According to police, a 72-year-old man contacted police and said he and his wife were in their vehicle, driving north on Preston Run Road at about 7:30 a.m. They reported they were behind an older, red compact pick-up truck with a steel flatbed, that was going between 12 and 15 miles per hour, police said.

“Having a clear view ahead, (they) attempted to pass the truck,” police said. The driver of the truck “swerved and blocked the roadway.”

The second time he tried to pass, the other driver swerved again, “almost striking victim’s vehicle,” police said. The man swerved away and his vehicle left the road and began to slide sideways.

The other driver saw his arm because he allegedly held it out the window and pointed a dark-colored handgun, “possibly a revolver,” at the trailing car and yelling for him to pull over, according to police.

But that firearm reportedly wasn’t a firearm at all.

District Attorney Rob Greene said that the charges were based on the presence of a firearm.

He said the defendant took a photo of the trailing vehicle with his cell phone out of his window at the same time the couple thought they saw a firearm.

While Greene said Kay would be cited for careless driving, he said withdrawing the serious charges was “the right thing to do.

“If he didn’t do it, he didn’t do it,” he said. “We’re not about wins. We’re about justice.”

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