The Centre County District Attorney's Office today refiled aggravated assault charges stemming from an Oct. 7 altercation in the HUB-Robeson Center against Penn State football players Christopher Baker and Navorro Bowman.

In addition, Assistant District Attorney Steve Sloane filed a petition for a temporary assignment of a new issuing authority, stating in his motion that Centre County District Judge Carmine Prestia committed an "error in law" by hampering the presentation of evidence by the prosecution, permitting the testimony of eye witnesses for the defense that conflicted with prosecution theories and failing to properly apply accomplice liability.

In mid-November, Bowman and Baker were both charged with aggravated assault, a first-degree felony. The men were also charged with summary offenses of harassment and stalking, a misdemeanor charge of simple assault and misdemeanor disorderly conduct.

However, at the men's Dec. 5 preliminary hearing, Prestia dismissed aggravated assault charges against the players, citing an incomplete police investigation and lack of quality eyewitness confirmation.

"I'm not sure if the police department didn't rush charges on this," he said at the hearing. "I don't know why -- maybe because they're football players."

Centre County Assistant District Attorney Steve Sloane said at the preliminary hearing that he thought he had presented more than enough evidence to support the police's allegations and planned to refile the charges.

According to Sloane's motion, Prestia referred to the defense witnesses as "two of the most straightforward witnesses I've ever heard."

Sloane wrote in his motion that that statement indicates Prestia made a determination that two witnesses for the defense were more straightforward and honest than those presented by the Commonwealth.

Sloane's motion requests that the refiled charges be submitted to a different issuing authority for the preliminary hearing.

Baker and Bowman were bound over for trial on the remaining charges at the Dec. 5 preliminary hearing.

According to court documents, Baker and Bowman were primary actors in a brawl that police say involved up to 15 players kicking and beating a visiting Philadelphia man outside a fraternity party at the HUB. The two players will travel to San Antonio for the Alamo Bowl, football coach Joe Paterno said last week.