Updated: 7:49 p.m. Thursday, Feb. 4, 2010 | Posted: 7:16 p.m. Thursday, Feb. 4, 2010
BOSWELL, Pa. —
Magistrate Judge Susan Mankamyer dismissed the attempted homicide charge against Tyler Melmick who was accused of hitting another teen in the neck with a glass. The victim said it was Helmick's racial comments that were the biggest blow.
Helmick will head to trial on three other charges including assault.
In court on Thursday the victim's neck wounds could be seen from across the room.
On the stand the victim told his story. He said Helmick came to a house party in November 2009 after he told him not to. At one point Helmick reportedly used a racial slur.
The victim said it wasn't the first time he heard the word out of Helmick's mouth. The victim said "I was by all of my closest friends it humiliated me."
Somerset State Police Trooper Joel Penatzer also testified and when he was asked if Helmick had intent to do harm. Penatzer said “No.”
Attempted criminal homicide and tampering with physical evidence charges were dismissed. Helmick will face the rest of his charges at a later court hearing.