The case went flat for prosecutors when Berks County Judge Jeffrey K. Sprecher dismissed charges against a 44-year old Kutztown man accused of buying beer for his 17-year-old neighbor.
The teen, Shawn Putnam of Kutztown, testified at a pretrial hearing that Gregg R. Hartman, his neighbor, bought him a case of Miller Genuine Draft at Duffer's Distributors in Kutztown on Jan. 7 and that he drank five beers from the case.
But Sprecher ruled, in an order made available Tuesday, that prosecutors failed to prove Miller Genuine Draft is indeed beer.
Eshelman said the law requires prosecutors to prove the beer contained at least 5 percent alcohol.
No testimony or evidence on records proved that Miller Genuine Draft contained 5 percent alcohol, Eshelman said. I was not surprised with the outcome. It was the right outcome.