(AP) – A judge has dropped one charge against a man accused of plotting to open fire at a movie theater in southwest Missouri.

Judge William Roberts said Thursday that he threw out the charge of making a terrorist threat because Blaec Lammers didn’t discuss his plans until after his arrest.

Lammers has agreed to allow a judge to hear the case without a jury present. He still faces first-degree assault and armed criminal action charges.

Prosecutors allege Lammers planned to open fire in November 2012 on the opening-night crowd for “The Twilight Saga: Breaking Dawn: Part 2” at a Bolivar theater. He was arrested after his mother told police she feared he was planning an attack.

Investigators determined Lammers had legally purchased two assault rifles and ammunition.