An Erie man accused of shooting his cousin after mistaking him for a burglar in September won’t face a felony assault charge as the criminal case against him advances in court.
Marquel A. Duck, 25, waived his preliminary hearing Friday morning and waived to court misdemeanor counts of possession of a weapon, simple assault and recklessly endangering another person. A second-degree felony count of aggravated assault that the Erie Bureau of Police also filed against Duck following the Sept. 13 shooting was withdrawn by prosecutors during Duck’s court appearance Friday morning.
Duck remains free on unsecured bond.
Erie police accuse Duck of shooting a 19-year-old man at an East Avenue residence. Police said they learned of the shooting when the victim arrived at UPMC Hamot with gunshot wounds to his arm and abdomen.
Investigators said Duck admitted to shooting his cousin out of fear that a burglar had entered his home, according to information in Duck’s criminal complaint.