BELLEFONTE, Pa. — A judge, citing a lack of evidence, dismissed five of seven charges filed against Penn State safety Anthony Scirrotto after an April 1 off-campus fight.

Centre County Judge Charles Brown Jr. dismissed felony charges of burglary and criminal solicitation; two misdemeanor counts of criminal solicitation; and one misdemeanor count of simple assault.

Brown let stand a felony count of criminal trespass. Scirrotto also still faces one count of harassment, a summary offense, which Brown did not address in his written order issued late Monday, defense attorney Ron McGlaughlin said Tuesday.

Brown ruled there was no evidence showing that Scirrotto instigated the fight.

In May, prosecutor Steve Sloane had called Scirrotto the "first lynchpin of responsibility."

Brown wrote, "There is something tempting in this portrayal. However, the criminal law requires more than supposition and conjecture. What is required is evidence."

Authorities said Scirrotto and several friends or acquaintances, including football players, had come to the apartment about 45 minutes after the safety and his girlfriend got into an argument on a street with two other students, who were not players.

McGlaughlin attended the May hearing for another client but did not represent Scirrotto at the time.

"You never want to get ahead of yourself but I thought it was in appropriate for the situation," he said Tuesday about the charges. "Part of the weight has been lifted off Scirrotto's shoulders."

McGlaughlin told the Centre Daily Times in Monday's editions, "There is nothing to establish he did anything criminal other than enter the apartment."

Centre County District Attorney Michael Madeira told the newspaper Monday night he had not yet reviewed the ruling and could not comment. A phone message left by The Associated Press for him on Tuesday wasn't immediately returned.

Another player, defensive tackle Chris Baker, still faces charges of burglary and criminal trespass, both felonies; simple assault, a misdemeanor; and harassment, a summary offense.

Trials in both cases are scheduled to start in October.