SOMERSET - A judge dismissed an attempted homicide charge Wednesday against a former Rockwoo... Judge dismisses attempted

SOMERSET - A judge dismissed an attempted homicide charge Wednesday against a former Rockwood man accused of stabbing a man he went to high school with, accepting a defense attorney's argument that the act was unintentional.

District Judge Arthur K. Cook bound over additional charges of simple assault, reckless endangerment, aggravated assault, burglary and trespassing yesterday against 28-year-old James A. Stuller of Darlington, Md. Stuller's bail was reduced from $150,000 to $25,000 and he was returned to the Somerset County Jail.

Earlier that night, Pletcher said he received a telephone call from Stuller, who said nothing when the Friedens man picked up the receiver, according to testimony. Pletcher said he called back and was able to determine that it was Stuller who made the original call.

About a half-hour later, Stuller came to Pletcher's residence with another man and began banging on the door and shouting for Pletcher to come outside, according to testimony. Pletcher met Stuller in the breezeway after Stuller kicked in the door and a fight ensued.

After a second fight, Stuller left, shouting obscenities as the two drove away, according to Angela Hutzell, Pletcher's live-in girlfriend. Hutzell testified that she dated Stuller for nine years before the two split in February. She began dating Pletcher soon thereafter.

Pletcher grabbed a mallet and began chasing Stuller outside the home. Pletcher said Stuller stopped and took a swing at him with the knife, prompting him to hit Stuller with the mallet. Stuller swung again and connected, stabbing Pletcher in the stomach, according to testimony and a police report.

Pletcher underwent surgery at Memorial Medical Center in Johnstown for injuries to his abdomen and small intestine. He was hospitalized for a week and missed several months of work.

Police interviewed Stuller later that day inside the Somerset Hospital emergency room, according to investigating Trooper Kenneth Durbin. Stuller reportedly said he was injured in the fight.

Public defender Michael Kuhn agreed that there was enough evidence to have Stuller stand trial on assault charges. He contested the burglary and trespassing charge and the attempted homicide charge that was eventually dropped.

“My client was being chased down by a man with a mallet who doesn't remember what he said to my client," Kuhn said in his closing arguments. “Certainly there is an act of self defense. At no time did my client intend to killed Mr. Pletcher."

In March, Stuller was struck by a freight train about a half-mile east of the old Rockwood train station in Black Township. Stuller lost his right hand as a result of the accident.

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