Sheriff Won't File Pre liminary Charge In Novak Shooting. No preliminary charge will be filed against Michael O'Neil, one legged crossing watchman, who has been held in the county jail since Wednesday night in connection with the death of his friend, Louis Novak. He is charged technically with possessing liquor and the homicide case will be presented to the grand jury next week without a prelimi nary hearing. O'Neil has told officers that his pistol fired the shot which killed Novak, but he has maintained that the shot was fired accidentally as the men were struggling for pos session of the pistol.