A Perry man charged with second-degree murder has, through his attorney, waived his right to have a preliminary hearing, according to Wyoming County District Attorney Donald O'Geen.
As a result, Joseph Mlyniec's hearing scheduled for Monday in connection with the shooting death of Robert Irvine, III, 32, of Perry, has been adjourned, O'Geen said.
A new date has been set for 5 p.m. May 21, O'Geen said. However, the matter is expected to be presented to the Wyoming County Grand Jury before then, according to O'Geen.
Mlyniec, 60, a retired Wyoming County sheriff's deputy, continues to be held without bail in the Wyoming County Jail, O'Geen said.
Mlyniec is accused of fatally shooting Irvine Wednesday at in the driveway outside his home at 2468 Route 246 in the Town of Perry, O'Geen said.