A Prague man charged in the September shooting of his estranged wife appeared in court Tuesday for a preliminary hearing, where he was bound over for trial on the one count filed, with the judge suggesting two additional counts based on the evidence presented. Phillip Mlynek, 59, was originally charged in Pottawatomie County District Court with assault and battery with a deadly weapon, a felony, after his wife, Shirley Mlynek, suffered injuries to both legs from a No. 4 buckshot. At the conclusion of Tuesday’s hearing, held for a judge to determine if there’s enough evidence for a case to proceed, Special District Judge David Cawthon bound Mylnek over on the assault count. Because of evidence presented, the judge suggested charges be amended to also include counts of feloniously pointing a firearm and maiming, court documents show.
According to court records, the Mlyneks were married in 1975 and were going through a divorce at the time of the alleged shooting incident, with court records showing Shirley Mylnek filed for divorce in August. Sheriff’s deputies who investigated this case said she was staying at her son’s home, located in the panhandle of rural Pottawatomie County, which is where the alleged shooting occurred.
Reports in the case show Shirley Mylnek told deputies her husband confronted her with a shotgun when she arrived home and asked her to sign some paperwork that would entitle him to land they own. Phillip Mylnek was taken into police custody after taking his wife to the Prague hospital for treatment of her wounds, documents show. First Assistant District Attorney Russ Cochran represented the state; Mylnek was represented by Attorney Cregg Webb. Mylnek’s $55,000 bond remains in effect and he is to have no contact with Shirley Mylnek; his arraignment date to enter a plea is now scheduled February 2nd 2011.