A state judge has dismissed the first-degree murder charge against teenager Vernon Bartley, but the defendant still faces trial on a second-degree murder charge and other felony offenses related to the slaying of his Ewa Beach neighbor in May 2007.

The victim, Karen Ertell, 51, was to be a witness against Bartley in a pending juvenile court burglary case when she was killed.

Bartley was 15 years old at the time of the killing and under the jurisdiction of Family Court. That jurisdiction was later waived and Bartley, now 17, is scheduled to be tried as an adult in January.

Because Ertell was a witness in a pending case, the prosecutor's office charged him with first-degree murder, which applies in cases of multiple homicide victims or when the victim is a law enforcement officer or criminal case witness.

First-degree homicide carries the strongest punishment under Hawai'i criminal law: life in prison without the possibility of parole.

Bartley's lawyer, Jeffrey Hawk, challenged the validity of the charge against Bartley, arguing in court papers that the pending burglary charge in Family Court did not meet the legal definition of a criminal prosecution.

Family Court law says that "no adjudication by the court of the status of any child under this chapter shall be deemed a conviction ... no child shall be found guilty or be deemed a criminal by reason of such adjudication," Hawk's motion said.

Circuit Judge Virginia Crandall upheld that argument. "The court grants the motion to dismiss count one of the indictment on the grounds that the juvenile proceeding ... was not a criminal prosecution," Crandall ruled.

First Deputy prosecutor Douglas Chin said yesterday, "Our position has always been that a witness is a witness" and that Crandall's decision does not comport with "what the Legislature intended when it passed this (first degree murder) statute."

He said his office is considering appealing the decision to the Hawaii Supreme Court, as well as seeking a clarification of the law by the Legislature next year.

An appeal would involve a lengthy delay in the prosecution of Bartley.

"It is very frustrating to have to continually go through this torment for 2 1/2 years now," said Kevin Callahan, Ertell's boyfriend.

Crandall did reject another motion by the defense to suppress a statement about the Ertell killing given by Bartley to police.

Bartley "knowingly, voluntarily and intelligently waived his right to have an attorney present during questioning and waived his right to remain silent," Crandall ruled.

Bartley admitted to police that he strangled Ertell, according to court papers.