Wali Rahman is accused of spray painting the words "Black Power" and "The black community should be their own police" on the statue last year.
RELATED: Why is the Rizzo statue controversial?
Statue of former Philadelphia Mayor Frank Rizzo to be moved
In court on Friday, an assistant district attorney explained to the judge they'd like to remove all charges except for criminal mischief as a summary offense.
The judge didn't seem too happy about that saying, essentially, the DA's office was handing out a free pass.
Walking out of court, Rahman wouldn't talk about the specifics of the case, but said he shouldn't even be in court.
VIDEO: Rizzo statue vandalized with spray paint
He maintains that no one should be prosecuted while was charged while disgraced former DA Seth Williams held office.
"I have nothing positive to say about anything that goes on inside this building," Rahman said.
Another hearing was set for March 28th.
Sculpture of afro pick goes up near Frank Rizzo statue
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