Some charges thrown out in Phillies ballpark death

BY foxsports • October 15, 2009

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,

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