A Buffalo Township man who police say used an excavator to partially destroy his family’s home with his wife and kids inside is headed to court after waiving his charges at a preliminary hearing Tuesday.

Erik Pierwsza, 48, is charged with felony risking a catastrophe as well as misdemeanor recklessly endangering another person and disorderly conduct.

He had previously been charged with causing a catastrophe — a higher-grade felony — but prosecutors agreed to reduce the charge at Tuesday’s hearing before District Judge Jack D. Ripper.

Buffalo Township police say Pierwsza began tearing down the rear of the Martin Road home after a May 26 argument with his wife, during which she told him their marriage was over.

The two had been going through a separation, and Pierwsza had come home after a night of drinking, according to a criminal complaint filed against him.

In reply, Pierwsza said: “If it’s over, I’ll tear the house down,” the complaint said.

Using his Kubota excavator, he began to raze the house with his wife and two daughters still inside, according to police.

Pierwsza’s defense attorney, Michael Pawk, did not dispute the police account of events but said he felt the reduced charge was appropriate.

Police said the house sustained major damage, but Pawk said he believes the home is still habitable.

“My client wants to move on; he wants to get this resolved in the courts, eventually, and possibly reunite with his kids,” Pawk said after the hearing.

Pierwsza did not speak to media after the hearing.

Butler County District Attorney Andrew Calve declined a TribLive request for comment.

Pierwsza’s formal arraignment is scheduled for 1 p.m. on July 28 at the Butler County Courthouse.