Vermont judge drops white student's 'racist and threatening' charge and seals report on what he said

A Vermont judge on Tuesday tossed out a case against 20-year-old University of Vermont student Wesley Richter after he was accused of using "explicitly racist and threatening language" to target African-American students.

Richter was reported to Burlington Police last year after he was overheard making the remarks while on campus.

It was not clear what threats Richter had made because the university chose to redact a more than 80-page report detailing the incident.

On Tuesday, a judge who was not identified in press reports said that there was not enough evidence to move forward with the case.

Richter's attorney Ben Luna claimed in court Richter had been on the phone with his mother when he was heard making the threats, which he said are protected by the First Amendment.

But prosecutor Ryan Richards argued that Richter's words fell within the purview of the law.

"The state at this point is paralleling yelling fire in a crowded movie theater which the United States Constitution is very clear in saying it's not protected," Richards explained.

In the end, the judge chose to reject the case and refused to release a police affidavit that would have detailed the alleged threats.

"Court clerks said they could not identify the judge who decided to toss out the case against Richter," WCAX reported. However, at the Oct. 27 hearing, Vermont Superior Court Judge David Fenster said he would be further reviewing legal arguments in the case."