Two of the three men arrested in the July 25 beating death of a man outside the Phillies' ballpark will not face trial on first-degree murder charges, a Philadelphia judge ruled yesterday.
Common Pleas Court Judge Benjamin Lerner said there was not enough evidence that the blows thrown by James Groves and Charles Bowers would alone have caused the death of David W. Sale Jr.
But the judge refused to quash a first-degree murder count against the third man, Francis Kirchner, who witnesses testified delivered the fatal kick to Sale's head and neck after the 22-year-old Lansdale man was prone on the ground.
Lerner's ruling means that only Kirchner, 28, of Fishtown, faces possible life in prison without parole if a jury finds him guilty of first-degree murder. The jury could also find him guilty of the lesser charges of third-degree murder or voluntary manslaughter.
Groves, 46, of Kensington, and Charles Bowers, 35, of Oxford Circle, would face 20- to 40-year prison terms if found guilty of third-degree murder.
With the most severe grade of murder now gone, Groves and Bowers would also be eligible for bail.
All three men also face trial on a conspiracy charge.
Lerner made it clear to the packed courtroom that he considered the assault on Sale "savage and cowardly." He said the ruling was based on the transcript of the testimony - particularly evidence from the autopsy - of the Aug. 5 preliminary hearing in Municipal Court.
Lerner, however, denied the motion by defense attorneys Brian J. McMonagle, Scott DiClaudio, and Louis T. Savino Jr. to prohibit any charge but voluntary manslaughter from going to the jury.
Assistant District Attorney Richard Sax said afterward that he was disappointed with the ruling but that he understood Lerner's reasoning.
But Sale's mother, LaVerne, sobbed as the judge explained his ruling.
"I am so angry," she said as she left the courtroom.
Witnesses at the preliminary hearing described an alcohol-fueled feud that began in Citizens Bank Park early in the game involving a group from Moe's Tavern in Fishtown - including the three defendants - and a bachelor party Sale was attending with friends.
The dispute erupted again in McFadden's, a sports pub attached to the stadium, and spilled into the parking lot after McFadden's bouncers ejected both groups.
Outside, the sides continued yelling at each other until a brawl once again broke out, ending with Sale on the ground, barely breathing.
Contact staff writer Joseph A. Slobodzian at 215-854-2985 or jslobodzian@phillynews.com.
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