Most serious charge thrown out for 2 of 3 defendants in fatal beating at Phillies ballpark
By APWednesday, October 14, 2009
Some charges thrown out in Phillies ballpark death
PHILADELPHIA — A judge has dismissed the most serious murder charge against two of three Philadelphia men charged in a beating death outside the Phillies’ stadium during a game.
Common Pleas Judge Benjamin Lerner threw out first-degree murder charges against 46-year-old James Groves and 35-year-old Charles Bowers on Wednesday. He says there’s not enough evidence that the blows they threw July 25 would alone have killed 22-year-old David Sale Jr. of Lansdale, Pa.
The two remain charged with third-degree murder.
But 28-year-old Francis Kirchner is still charged with first-degree murder. Witnesses have testified Kirchner made the fatal kick to Sale’s head and neck.
Assistant District Attorney Richard Sax says he’s disappointed but understands the judge’s reasoning.
Information from: The Philadelphia Inquirer, www.philly.com
