A Georgia judge dropped misdemeanor battery charges Thursday against one of two Beaufort Marines accused of attacking a gay man in downtown Savannah in June.
Chatham County Recorder's Court Judge Claire Cornwell-Williams ruled there was no evidence or witness testimony to indicate the Marine participated in the June 12 incident.
"There is no probable cause to charge him with battery," Cornwell-Williams said during a two-hour preliminary hearing Thursday.
Cornwell-Williams said she would review surveillance video of the incident to determine whether the Marine will be charged with a city or state disorderly conduct charge for his part in the argument investigators say led to the attack.
Battery charges against the other Marine were upheld by Cornwell-Williams, who ruled there was sufficient evidence and testimony to convict him of the crime.
He will be tried in Chatham County State Court, though no trial date has been set, according to authorities.