Outrage as murder charge against one of two 14-year-olds who 'beat elderly man, 73, to death with orange traffic cone' is DROPPED

The family of an elderly man beaten to death with a traffic cone have expressed outrage after charges against one of the accused teens were dropped. 

James Lambert Jr., 73, was killed after being fatally struck with the object as he walked down a Philadelphia road in 2022.

Gamara Mosley and Richard Jones, both then aged 14, were among the gang of seven teens involved and were initially charged with his murder.

However, charges against Jones have been dropped, after his lawyer successfully argued there is not enough evidence to prove his blow contributed to Lambert's death.

'I think it's a slap in my family's face and every other family who is a victim of crime,' Tania Stephens, Lambert's niece, told the Philadelphia Inquirer. 

Charges against Richard Jones, 16, who was accused of beating James Lambert Jr., 73, to death with a traffic cone have been dropped sparking outrage from the victim's family

James Lambert Jr. (pictured) was killed after a group of seven teens attacked him, with two including Jones hurling traffic cones at him

Video captures the moment the seven teens chase Lambert, 73, of Philadelphia, at around 3am in June 2022

The horrific incident was caught on video and showed Lambert being chased by the group, before they hurled a traffic cone at his head.

He suffered several injuries to the head and was transported to a nearby hospital, where he was pronounced dead. 

However, Jones' lawyer Jason Bologna, successfully argued that it was impossible to prove the blow delivered when his client threw the cone contributed to his death.

He pointed out that Lambert was able to immediately get up and walk away, indicating that he was not concussed or severely injured. 

Prosecutors had argued that Jones' actions had encouraged Mosley to strike Lambert twice after he did. 

But Bologna argued argued that their was no conspiracy among the children on that night, meaning his client was not responsible for Mosley's actions.

Common Pleas Court Judge Barbara McDermott agreed with his case and threw out all charges against Jones, now 16.

The District Attorney said it intends to appeal the decision, but it was defended by Bologna.

James Lambert Jr. attempted to escape the teenagers, but  a girl pics up the cone and appears to bash it over his head as the teens chase after the desperate man

Police believe the teens recorded the assault on one of their cell phones, and even laughed as they recreated the fatal attack while walking down the street

Police wereoffering a $20,000 reward for information on the seven teens

'I see what happened to Mr. Lambert as a tragedy, but one that should not have been compounded by overcharging a 14-year-old boy in adult court with crimes the evidence does not support,' Bologna said. 

'In my opinion, Judge McDermott looked at this case objectively and made the right decision.' 

Mosley's case was sent to juvenile court, and she was adjudicated delinquent of murder, conspiracy, and possession of an instrument of crime.

Details of her sentence were not made public. 

Her mother Shira Mosley told Fox 29 that her daughter was not a bad kid, but had been led astray by others in the group.

'It was the other kids you know, bad influence. She probably didn't know, didn't mean to do it,' she said.

'I just want to give my condolences, we apologize. I'm sorry as a parent, she is sorry, so all I can say is I'm just sorry.'