Both prosecution and defense agreed Wednesday that Jane E. Schreiner shot her husband of 19 years, Kenneth S. Schreiner, to death in the kitchen of their McAdoo home on Aug. 4.

What they disagreed on was whether she did it deliberately, impulsively while in a fit of rage or by accident.After listening to four hours of testimony at a preliminary hearing, District Judge Stephen J. Bayer of Tamaqua sent charges of first-degree murder, criminal homicide, third-degree murder, voluntary manslaughter, aggravated assault, terroristic threats, possessing instruments of crime, and recklessly endangering another person on to Schuylkill County court for a jury to decide.Schreiner remains in Schuylkill County prison without bail.The hearing, held in the Schuylkill County courthouse in Pottsville, included an hourlong recording of Schreiner’s interview with state police a couple of hours after the shooting.Bayer said he struggled with the murder charge in light of testimony from both sides.Schreiner’s defense lawyer, Joseph P. Nahas, contends Schreiner, who once was a victim of domestic violence, had no intention of killing her husband; she just wanted to scare him to make him stop disparaging her family with loud profanities the neighbors could hear.A first-degree murder charge requires the defendant to have killed with intent, premeditation, and malice. There was not evidence to support those markers, he said.“All she knows is that she heard a bang and her husband fell to the ground,” Nahas said. “This was an accidental shooting.”Assistant District Attorney Jennifer N. Lehman countered that intent can be formed in an instant, and that Schreiner had the presence of mind to take four bullets and one shell casing out of the Smith & Wesson .38 revolver she used that day and put them into a nightstand drawer, but did not tell police about it. The gun was left on the kitchen counter.She quoted Schreiner’s words, “I can’t say it was an accident.”Schreiner “told her husband to stop or she’ll get her gun, then she goes and gets a gun,” Lehman said.“Specific intent to kill was there,” she said.Schreiner, who turns 70 in October, huddled in her chair next to Nahas. The short, thin woman, handcuffed and dressed in a drab prison uniform, dabbed at her eyes with tissues handed her by Nahas.In the back of the courtroom, family members wept as they listened to the testimony.The shooting happened around 3 p.m. Aug. 4 in the couple’s 101 Hillside Road home.According to an affidavit of probable cause, Schreiner called 911 after the shooting, following the dispatcher’s advice to turn her husband onto his side to help him until paramedics arrived.She called 911 again to say she didn’t know the gun was loaded.Nahas called no witnesses. Lehman called four people to testify.McAdoo Police Chief Jeffrey Wainwright was the first to arrive at the home, and said Schreiner answered the door, yelling, “Help him! Help him!”She was frantic, but not crying, he said.Wainwright found Kenneth Schreiner on the kitchen floor, with a gunshot wound in his upper left chest. He had no pulse. The handgun was on a counter.“I couldn’t believe I pulled the trigger,” he recalled Jane Schreiner saying.When he would not let her leave the room in which he had taken her, she said, “Are you afraid I’m going to shoot you?”Schreiner told Wainwright the two had been arguing about his loud use of a vulgarity as he disparaged her sister and son.Also, he was upset that she planned to spend the weekend with family members instead of staying home.“She pulled the trigger. She said she didn’t know it was loaded,” Wainwright said.Assistant Schuylkill County Deputy Coroner Debra Detweiler declared Kenneth Schreiner dead at 4:45 p.m. that day.An autopsy performed at Reading Hospital determined his death was due to a gunshot wound of the thorax.Trooper Thomas Robin of the Schuylkill Haven barracks identified the gun, and said it held five bullets. A laser aiming device on the gun was not turned on.