SALEM, Mass. (AP) — A judge has dismissed one of two attempted murder charges against a former Salem State University student who allegedly attacked a passenger and the driver of a campus shuttle bus.

The charge was dismissed Thursday after a lawyer for 25-year-old Timothy Wells argued that because of “superficial” nature of the wounds it was not reasonable for the grand jury that indicted Wells to conclude he wanted to kill them.

The Salem News reports that Paul Lawton also said charges should be dismissed because grand jurors were misled by references to a knife and box cutter found in Wells’ car, saying there’s no evidence either was used during the attacks.

Prosecutors say the Woburn man carried out the unprovoked attacks against strangers on Sept. 25 then fled to New York.

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