LYNCHBURG, Va. (WFXR) — Officials with the Lynchburg Commonwealth’s Attorney Office say they will now drop the one remaining charge against Austin Rozdilski.
Rozdilski was convicted in December of 2019 of one count of unlawful wounding in the shooting of Justin Barnett.
He was acquitted at the same time in the death of Dre’yon Browley.
Rozdilski said he acted in self defense when he shot the men. Rozdilski said the pair held him at gunpoint.
At the time of the trial, the gun Rozdilski said Barnett and Browley used had not been found.
However, since the trial, Rozdilski’s attorney, Joseph Sanzone, said the weapon was located. He argued his client should get a new trial as a result.
On Wednesday, March 31, a judge agreed and decided to set aside the unlawful wounding verdict.
After consulting with Barnett’s family, the Commonwealth Attorney Bethany Harris decided her office would drop the remaining charge of unlawful wounding. In a release on Friday, April 2, Harris said Barnett made it clear he did not want to pursue the matter further.
If the court grants the nolle prosequi request, the charge will be dismissed without prejudice which means it could be reinstated at a later date.