BROCKTON — A juvenile court judge yesterday dismissed one of three charges against a teenager accused of plotting to kill other students and school officials at his high school. The judge threw out a charge of promotion of anarchy against Tobin Kerns, 18. Kerns is also charged with threats to use deadly weapons at school and conspiracy to commit murder. The defense asked that all charges be dismissed. Kerns is one of two people charged with plotting shootings at Marshfield High School two years ago. He is being tried in juvenile court as an adult, which means the proceedings are open. The other person charged, Joseph Nee, 20, is being tried separately. Judge Louis Coffin said he dismissed the anarchy charge against Kerns because it does not appear that the defendant was recruiting others to overthrow the government, according to the Patriot Ledger of Quincy. Bridget Norton Middleton, a spokeswoman for the Plymouth district attorney's office, said the decision cannot be appealed. "We strongly disagree with the judge's ruling and we think that he misapplied the law," she said. "From our reading, there is no requirement that there be a threat against the government." Coffin denied a request by the prosecution that the decision be stayed so it could be brought before the Supreme Judicial Court. Kerns was 16 when he was arrested in 2004 after authorities alleged that they uncovered a hit list of students, school officials, and police officers. A search of Kerns' home turned up hand-drawn maps of the high school, computer files on bomb-building and a shopping list of weapons and ammunition, authorities said. Students who told authorities about the plot claimed that Kerns planned to attack the high school on the anniversary of the 1999 massacre at Columbine High in Colorado.
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