A Nesquehoning landlord who fired a warning shot inside a house at a man he believed was threatening to harm a woman will ask a Carbon County court judge to place him in the Accelerated Rehabilitative Disposition program.
The ARD program, for first-time offenders, allows a defendant to have his record cleared after he successfully completes the program.
Daniel R. Lain, 38, was charged with discharge of a firearm into an occupied structure, recklessly endangering another person, and simple assault in the July 15 incident.
Lain was to have had a preliminary hearing on the charges Wednesday before District Judge Casimir Kosciolek of Lansford. However, his attorney, Brian Collins, met with Assistant District Attorney Jean A. Engler just before the hearing was to have begun, and the two agreed to allow Lain to ask for placement in the program. Lain did not have to appear before Kosciolek.
Outside the court session, Collins mentioned that Lain is a Marine who served in Iraq, and has a clean record.
According to court documents filed by Nesquehoning Officer Dane O'Brien, Lain, who lives on West Mill Street, fired the gun toward his tenant, Gregory Ward, 45, who was arguing with his girlfriend.
Ward told O'Brien that Lain burst through the door and pointed a gun at him. There followed a "brief altercation" between Ward and Lain, during which Lain fired the gun. Lain then went back to his own apartment, telling Ward he was calling police.
Lain admitted to O'Brien that he pointed the gun at Ward because he feared bodily injury to Ward's girlfriend. Lain also admitted to firing one shot during the altercation with Ward, which he described as a "warning shot to deter any further altercation, rather than use physical force."
Ward's girlfriend corroborated both men's statements.
Police added that Ward was charged with harassment.