Judge: Prosecutors to struggle convicting ex-Tech student
Mar. 02, 2018
CHRISTIANSBURG, Va. (AP) — The former Virginia Tech student charged with illegally possessing an assault weapon as a foreigner was arrested on accusations of using a 30-round magazine in an AR-15 rifle.
But police said Thursday at Chinese national Yunsong Zhao's preliminary hearing that the 30-round magazine still hasn't been found.
The Roanoke Times reports photos and video said to be from the day in question showed Zhao with three 20-round magazines, as identified by the accusing Blacksburg Police detective Brian Wilson. Zhao is allowed magazines of that capacity and maintains his innocence.
Judge Gino Williams said prosecutors will have a hard time convicting Zhao. Williams granted bail for Zhao, who has been jailed since his Jan. 29 arrest.
Williams said the accusation is enough to send the case to a grand jury.
Information from: The Roanoke Times, http://www.roanoke.com