US court tosses gun charge against Chinese student expelled from Virginia Tech
Zhao Yunsong faced charges for the illegal possession of an assault rifle as a non-citizen
A case against a former Virginia Tech student accused of illegally possessing an assault weapon has been tossed out.
News outlets reported a judge dismissed Zhao Yunsong’s case, citing a lack of evidence presented by prosecutors.
Defence lawyers had filed a motion to dismiss Monday.
The Chinese national had been accused of equipping an AR-15 with a 30-round magazine at a shooting range.
Virginia prohibits non-citizens from having guns with magazines holding more than 20 rounds.
An undercover detective said he saw Zhao shooting a 30-round magazine but could not get video or call backup before Zhao left.
A salesman also said he sold Zhao a 30-round magazine, but could not produce a receipt.
Zhao, who arrived in the United States from China in mid-2017, was expelled from Virginia Tech after being arrested on the gun charges.
In April, Zhao filed a complaint saying police violated his rights in falsely arresting him, and school officials violated his due process rights in dismissing him.
Zhao had complained that campus police repeatedly harassed him because he is Asian and liked guns. The shooter who killed 32 people at Virginia Tech in 2007 also was Asian.
Zhao remains in immigration custody and has a hearing set for Thursday.