A Philadelphia judge says there's just not enough evidence to hold three men for trial on first-degree murder charges in the beating death of a man outside Citizens Bank Park.
David Sale was brutally beaten to death in a parking lot outside the ballpark in July after two groups got into a fight at McFaddens Restaurant and Saloon.
Witnesses said Sale, 22, was repeatedly kicked in the head and neck as he was held to the ground during the July 25 melee.
Frank Kirchner, 28, Charles Bowers, 35, and James Groves, 45, were charged with Sale's death. The trio were all part of a bar tour from Fishtown. Both Kirchner and Bowers have a history of assault.
Common Pleas Judge Benjamin Lerner dropped the first-degree charges against Groves and Bowers on Wednesday.
Kirchner, who was described to have taken a running start as he kicked Sale's limp body, is still charged with first-degree murder. He faces life in prison if found guilty.
The other two men remain charged with third-degree murder, which holds a penalty of up to 40 years in prison, if convicted.
Wednesday's reversal comes more than two months after the men were ordered to stand trial. At that hearing, the medical examiner testified that Sale didn't have any bruising on his hands, indicating that he was not able to fight off his attackers.
Sale's mother LaVerne told The Inquirer's Joseph Slobdzian the ruling left her "so angry" as she left the Center City courtroom Wednesday.
Assistant District Attorney Richard Sax also expressed his disappointment with the ruling, but said he understands the judge's reasoning.
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