A homeless man accused of breaking into a church and eating snacks had one felony charge dismissed at a preliminary hearing Monday morning before District Judge William T. Fullerton.

On Oct. 20, Butler City police originally charged Charles R. Black, 38, with felony burglary and two counts of felony criminal trespass. He is being held in Butler County Prison in lieu of a $1,000 bond.

Police said in the affidavit that Black was found in The Church Experience building on East Cunningham Street on Oct. 20 without being granted access.

Benjamin Simon, assistant district attorney, called witness Nancy Wilson to give testimony about the incident. Wilson, an administrative assistant at the church, said she believed Black had been in the building for several days before she found him.

“I went to the third floor and noticed a mess,” she said. “There was food eaten, snack wrappers, stuff downstairs was moved around. I went down to the second floor, he was in one of the rooms. I don’t think he saw me.”

Wilson said she called the church pastor and 911. She also produced a note allegedly left by Black at the scene.

“He left a note upstairs on the table on the third floor; it was under two empty bags of potato chips,” she said. “It appears to be a tally of things he ate from the church.”

Police responded and found Black hiding in the church basement bathroom, according to the affidavit. Wilson said she noticed later that a door to the church had been propped open, and that’s how she believed Black had entered.

Kimberly Hudak, the public defender representing Black, asked Wilson why she didn’t give the note to the police. Wilson said it didn’t occur to her to do so.

Hudak then asked Fullerton to dismiss all charges given the evidence.

“If that is his note, keeping a tally would say he sought to remunerate what he allegedly ate,” she said. “There’s not enough evidence to link the note to him.”

Simon agreed to dismiss the burglary charge, but Fullerton held the two felony trespass charges over for the county Court of Common Pleas.

Black will appear Dec. 27 for formal arraignment in the Court of Common Pleas.