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Charges dropped vs man accused of ‘ice’ trafficking, gun possession
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Posted on Dec 19 2013
Superior Court Associate Judge David A. Wiseman has dismissed the charges against a man accused of trafficking methamphetamine or “ice” and possessing a .25 caliber handgun and nine .22 caliber bullets.
Wiseman dismissed without prejudice on Wednesday the remaining charges of illegal possession of a firearm and illegal possession of ammunition against Yuanrong Zhao, a Chinese national, after assistant attorney general Brian Flaherty moved for the case’s dismissal.
Dismissal without prejudice means the prosecution can re-file the case in the future.
As no charges remained in the case, Wiseman granted assistant public defender Eden Schwartz’s request to release her client, Zhao, without condition.
Flaherty told the court that the defendant had filed a motion to suppress evidence, challenging the search at his house that became the basis for charging him with illegal possession of a firearm and illegal possession of ammunition.
Flaherty said the government no longer believes it can prove the two charges beyond reasonable doubt.
In Zhao’s motion to suppress evidence, Schwartz said that on Aug. 16, 2013, police officers arrested Zhao at his home in Afetnas pursuant to an arrest warrant. Schwartz said police searched Zhao’s house without a warrant and without his consent.
According to police, a .25 caliber handgun and nine .22 caliber bullets were seized at the house, among other items.
Schwartz said the court should dismiss the charges because the ban on simple possession of handguns and ammunition in the Commonwealth is unconstitutional.
The arrest warrant was issued because of Zhao’s alleged involvement in selling “ice” worth $200 to a “cooperating defendant” of the Drug Enforcement Task Force at Sugar Dock in Chalan Kanoa on Jan. 21, 2013.
