BUFFALO, N.Y. (WIVB) — The felony charge against New Era Cap Company CEO Chris Koch has been reduced, but a new charge was added.

Last month, Koch, 61, had been accused of intentionally and recklessly driving toward his girlfriend’s ex-husband outside Oliver’s Restaurant on Delaware Avenue.

Authorities say that prior to this, the two were involved in an argument in the parking lot, and that the ex was not at the restaurant by chance.

According to the Erie County District Attorney’s Office, the ex suffered a hand injury and the passenger side of his vehicle was damaged. That damage totaled in at more than $7,200, the District Attorney’s Office said.

“When the victim approached the defendant’s vehicle, the defendant is accused of recklessly engaging in conduct that created a substantial risk of serious physical injury to another person by driving his vehicle toward the victim,” the District Attorney’s Office said. “The victim allegedly jumped out of the way to avoid being hit, but suffered a minor injury to his right hand.”

On Tuesday morning, the District Attorney’s Office provided an update.

“The felony charge could not be proven beyond a reasonable doubt in a court of law.”

The felony against Koch has been reduced to misdemeanor reckless endangerment and he was additionally charged with criminal mischief.

Koch remains released on his own recognizance, but if convicted, he could spend up to a year in jail. A temporary no-contact order of protection is in effect on behalf of the man who was injured.