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Hearing continued for two charged in shooting incident

Published September 27. 2012 05:02PM

Preliminary hearings scheduled yesterday for two individuals charged following a shooting incident in Lehighton were continued.

The shooting occurred at about 3:41 a.m. on Sept. 17 at an apartment in the 100 block of South First Street.

Anthony M. Chillari, 31, of South First Street, was shot in his right hand and thigh, allegedly while he was trying to take the gun from his ex-girlfriend, Eleanor Figuccio, who shared the same address.

Chillari, who according to the affidavit had originally pointed the gun at Figuccio's head, has been charged with simple assault - attempt by menace, which is a misdemeanor.

He is currently free on $50,000 unsecured bail.

Figuccio, 25, is facing two counts of simple assault and one count of recklessly endangering, all misdemeanors. She is currently lodged in the Northampton County Correctional Facility in lieu of $50,000, 10 percent bail.

The hearings had been scheduled before District Judge Edward Lewis of Jim Thorpe. The new hearing dates are Oct. 31.

The arresting officer is patrolman Scott S. Prebosnyak of the Lehighton Police Department.

According to the affidavit filed by Prebosnyak, Chillari and Figuccio had been sharing an apartment on South First Street.

Figuccio, who had been Chillari's girlfriend for about two years, had left the apartment earlier in the evening because she believed he was being unfaithful, says the affidavit.

She returned to the residence and, because she didn't have her keys, used a credit card to gain entry, says the court document.

"Upon making entry she was confronted by the defendant who was brandishing his Keltec 9 mm handgun in the hallway," the affidavit reads. "The defendant told her to leave but she refused to do so. Eleanor kept trying to get past (Chillari) in the tight hallway but he kept pushing her back and telling her to leave."

The affidavit says, "Eleanor was eventually pushed to the ground and (Chillari) 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."

Next Chillari kneeled down and placed his gun upon the floor to grab the other leg, says the affidavit.

It continues, "Eleanor was able to kick (Chillari) 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."

Emily Moyer, with whom Chillari allegedly was having an affair, came out of the bedroom and attacked Figuccio, states the court paper. It adds that Emily held Eleanor down until police took her into custody.

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