Two Lehighton individuals arrested following an apparent domestic scuffle, during which a gun went off and struck one of the participants in the hand and thigh, both waived scheduled preliminary hearings yesterday.

Both said they will seek admission into the ARD (accelerated rehabilitation disposition) program which, if they qualify and adhere to the guidelines, can have their criminal records expunged.

The defendants are Eleanor Figuccio, 25, and Anthony R. Chillari, 31, both of 198 S. First Street.

The hearings were scheduled before District Judge Edward Lewis of Jim Thorpe.

Figuccio was charged with simple assault, simple assault with a deadly weapon, and recklessly endangering another person. She is free on $50,000, 10 percent bail.

Chillari was charged with simple assault. He is free on $50,000 unsecured bail.

The charges stem from an incident which happened at about 3:41 a.m. on Monday, Sept. 17.

The affidavit states that on Sept. 17, Chillari was at his apartment with a female named Emily Moyer.

Figuccio had been his girlfriend for about two years, says the court document. A resident of the apartment, she had left the residence to go to her mother's house "because she believed (Chillari) was being unfaithful," the court records state.

Investigating police officer Scott S. Prebosynyak states that Figuccio decided to return to the residence to confront the residents.

She was told to leave by Chillari, and refused, says the affidavit.

The affidavit for Chillari says:

"Eleanor was eventually pushed to the ground and the defendant pointed his gun to her head and stated, 'I will shoot you.' He then grabbed her by the leg in an attempt to remove her from the apartment.

"The defendant then kneeled down and placed his gun upon the floor to grab her other leg. Eleanor was able to kick the defendant at this time and was able to grab the gun.

"She pointed such at him and he grabbed it and the weapon discharged at this time. One ballistic round struck the defendant in the right hand and thigh."

The affidavit says that Moyer then attacked Figuccio and held her on the floor until police arrived and took her into custody.