A case against a former Virginia Tech student accused of illegally possessing an assault weapon has been tossed out.
News outlets report a judge dismissed Yunsong Zhao's case, citing a lack of evidence presented by prosecutors. Defense attorneys 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 couldn't get video or call backup before Zhao left. A salesman also said he sold Zhao a 30-round magazine, but couldn't produce a receipt.
Zhao remains in immigration custody and has a hearing set for Thursday.
