A Fairfax General District Court judge yesterday dismissed an assault charge against one of the men allegedly involved in an attack on an Annandale man last month and began sorting through a long list of other charges in connection with the Father's Day incident.

Judge Stewart P. Davis listened to more than three hours of testimony as witnesses recounted the attack in which 18 to 20 youths allegedly stormed the home of John J. Spisak Sr. at 8304 Nightingale Ct. in Annandale. Spisak suffered a broken toe and twisted neck during the incident, property in the house was destroyed and several front windows were shattered, according to testimony.

Davis dismissed assault charges against Kevin Harrington, 20, of 3610 Twinbrook Rd. in Fairfax, citing conflicting evidence as to Harrington's role in the attack. After hearing testimony about the incident yesterday, Davis ordered, however, that a grand jury consider whether to indict Harrington on charges of conspiracy to commit a felony and breaking and entering with a deadly weapon.

A charge of malicious wounding against Brian Jones, 18, of 4516 Sonata Ct., Annandale, for an alleged assault on Spisak was reduced to simple assault. Jones is scheduled to stand trial July 28 on that charge, and on a second misdemeanor assault charge involving Spisak's son John Jr. Based on yesterday's testimony, Davis also ordered that a grand jury consider conspiracy and breaking-and-entering charges against Jones.

Two juveniles and two other adults also have been charged in connection with the attack.

The incident apparently was provoked when Harrington returned from a party at a neighboring house on Nightingale Court and discovered the mirrors on his automobile had been broken, according to testimony yesterday by Margaret Oden, 18, who was with Harrington that night. The car had been parked in front of the Spisak home.

"Kevin said, 'Look at what they did to my mirrors--let's go get them back," Oden testified. Harrington and others in the group of about 20 youths apparently suspected someone in the Spisak household was responsible for the damage, she said.

Harrington allegedly was armed with a makeshift spear--a broomhandle with a large kitchen knife tied to the end--when he entered the house, according to testimony.

Spisak, wearing a neck brace and a cast-like boot on one foot, told the judge that several of the youths burst into his house shortly after midnight.

"He Jones said, 'I'll get you, I'll kill you . . . " as he began shoving Spisak, according to Spisak's testimony.