Update: Philly DA will refile felony charges against accused priest

    A judge has dismissed the three most serious sexual assault charges against a Philadelphia priest after hearing details of the alleged contact from the priest’s accuser.

    Father Andrew McCormick was bound over for trial Thursday on misdemeanor charges including endangering the welfare of a child and indecent assault, but had the three felony counts against him tossed at a preliminary hearing.

    Update, 2:30 p.m.The District Attorney’s Office will be re-filing felony charges against 56-year-old Andrew McCormick.” At issue is the involuntary deviate sexual intercourse charge that was dropped Thursday, and whether McCormick’s alleged actions fall under that charge under Pennsylvania law.

    The now-24-year-old accuser, a former altar boy, told the court McCormick groped and molested him inside a rectory bedroom in 1997. But the judge dismissed charges of involuntary deviate sexual intercourse, statutory sexual assault and sexual assault after determining the contact didn’t include penetration.

    McCormick is free on bail and due back in court Oct. 18.

    Prosecutors didn’t immediately say if they would appeal.

    Want a digest of WHYY’s programs, events & stories? Sign up for our weekly newsletter.

    Together we can reach 100% of WHYY’s fiscal year goal