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ASHEBORO — Meredith Kandies got an early Christmas present Tuesday.

A Randolph County judge dismissed an involuntary manslaughter charge against the 16-year-old high school student in connection with the Dec. 12 shooting death of Jeremy McMillan.

District court Judge William Neely ruled that prosecutors didn't present enough evidence to show Kandies killed McMillan, her 16-year-old boyfriend, on purpose.

The gun, according to testimony Tuesday in a Randolph County courtroom, went off by accident at an Asheboro elementary school after a fracas that sounded like something straight out of "West Side Story."

McMillan had proposed to Kandies, according to testimony, and was wearing her ring and necklace.

"She's pretty much in shock," Kandies' attorney Jonathan Megerian said after a 45-minute hearing. "She's absolutely grief-stricken, and that's about all I can get into. She was 16, in love with this guy. It is very, very sad."

Members of both families sat in the courtroom.

Kandies, released from jail Monday after posting bond, sat with her mother and her mother's fiancé up front. Across the aisle and two rows back sat friends and family of McMillan — a group that numbered 18. Some wore T-shirts with the boy's picture on the front.

When Neely made his ruling, nine Randolph County deputies ringed the courtroom to prevent any ruckus. Megerian leaned over the rail and whispered to his client: "Don't mix. Stay with your mom and dad."

Kandies and her family declined to comment after the hearing.

McMillan's death came after a Friday night fight for the girl's affection. According to the statements of five eyewitnesses, here's what happened:

McMillan had called Adam Lineberry repeatedly on his cell phone, cursing him and calling him out for what witnesses called "Fight 101."

The fight took place on an athletics field at Guy B. Teachey Elementary. McMillan brought the gun to the fight, handed it to Kandies and began fighting. The fight lasted two minutes. McMillan lost.

"I beat his (expletive), and I let him up and he goes to Mary (his nickname for Kandies), and I heard, 'Give it to me!'" Lineberry told police in a statement. "I started running toward the car, and I left. That's all I know what happened."

The gun discharged, and McMillan was shot in the stomach. Witnesses told police they heard McMillan yell an expletive three times before he crumpled on the ground at Kandies' feet.

The gun had been stolen in a break-in earlier that day and was found the next day 60 feet from where the fight took place. The shell was still in the chamber — evidence that showed someone had a tight grip on the barrel of the gun.

Kandies also has been charged with possession of a handgun by a minor, possession of a weapon on educational property and felony discharge of a weapon on educational property. A hearing will be held in January to assess those charges. But the charge of involuntary manslaughter — a felony that carries a maximum prison term of 10 years - has been dismissed.

"It's not involuntary manslaughter," Megerian said. "But it's a tragedy for everyone involved."

Contact Jeri Rowe at 373-7374 or jeri.rowe@news-record.com