Join Club
Arlington Smoke Shop in Green Valley (photo via Google)

(Updated at 5:35 p.m.) An Arlington jury has found a store employee not guilty in the shooting of a burglar, in a case that received national media attention.

It all started with a burglary of the Arlington Smoke Shop, at 2428 Shirlington Road in the Green Valley neighborhood, shortly before 5 a.m. on March 29, 2020. Three masked suspects allegedly broke into the store and started stealing cash and merchandise.

Shop employee Hamzeh Abushariah was sleeping in a back room of the store at the time due to Covid concerns at his D.C. apartment building. Prosecutors alleged that Abushariah grabbed a gun and shot one of the suspects, who was under the age of 18, point blank in the back.

Abushariah was arrested and charged with Malicious Wounding, Reckless Handling of a Firearm and Violation of a Protective Order. Two juvenile suspects, including the one who was shot and seriously injured, were later charged in connection to the burglary.

The Reckless Handling of a Firearm charge was dismissed in April, court records show, a week after Abushariah was levied with a contempt charge for misbehavior in court. The protective order charge remains active, with a hearing set for this coming Tuesday.

But yesterday, after a trial in Arlington Circuit Court that started on Monday, a jury found Abushariah not guilty of Malicious Wounding, the most serious charge.

“I can’t even explain how happy I am,” Abushariah told ARLnow. “I’m home with my family. There’s nothing like being free especially when you know you’re innocent.”

Jowan Zuber, the owner of the store who has appeared several times on Fox News’ Tucker Carlson Tonight in defense of Abushariah, said the verdict was vindication.

“I broke down when the verdict, all 12 jurors, came [back] not guilty, self-defense,” Zuber said. “So they saw that the Commonwealth had no evidence holding Hamzeh Abushariah for two years, no evidence, taking him away from his kids and his livelihood when we’ve been fighting.”

He said that video played during the trial showed that it was dark in the store when the break-in occurred.

“So when he shot, he did not know where he was aiming,” said Zuber. “[Prosecutors] really hurt this guy big time.”

He said the verdict brings relief for Abushariah’s family after “two years of nightmare going back and forth.”

“The suffering, the tears that my wife, my kids, my family, my sisters, my parents, it’s not cheap, it’s not nothing. It’s something, it means a lot to me,” Abushariah said.

Abushariah was in jail for several months after the shooting, then released on house arrest for four months before he was arrested again, Zuber said. He has been in jail since, before being released around 6 p.m. Wednesday night.

Both Zuber and Abushariah thanked the jury and said they had to mention defense attorney Robert Marshall’s work on the case. In a video posted to Facebook, Abushariah reunites with his family leaving jail as Zuber says it’s all thanks to Marshall.

“We believed in [Marshall] since day 1, and he just went and just showed what the righteous is about and showed that we shouldn’t protect criminals and you have the right to protect yourself when people are coming to hurt you or break in in a violent way,” Zuber told ARLnow. “This is very bad for Arlington because we are here as citizens, we pay our taxes, and we want to protect the good people, not the bad… The jury, the people, made this happen.”

Parisa Dehghani-Tafti, Commonwealth’s Attorney for Arlington and Falls Church, provided a brief statement to ARLnow.

“As always, we respect the verdict and thank the jurors for their service,” the county’s top prosecutor said.

In response to additional questions from ARLnow, Tafti declined to provide other details about the case and the end result of the charges against the two burglary suspects.

“These were juvenile dispositions, and therefore not public record,” she said.

Newly free, Abushariah said it’s nice to see his children, and the green grass and enjoy the weather and good food.

“The smallest things mean so much when you’re free,” he said. “The smallest things in life matter.”

He said he wishes the person he shot well.

“I hope his life will get better, that he will recover, both of us will,” he said.

Brandi Bottalico contributed to this report

0 Comments

Morning Notes

Man Convicted of Crystal City Shooting — “A convicted murderer has been found guilty on four charges for shooting and wounding his ex-girlfriend in her Arlington, Virginia, office in 2019. Mumeet Muhammad forced his way into the woman’s office, in the 1500 block of Crystal Drive in Crystal City, and shot the woman on Aug. 28, 2019. Muhammad also was shot by police.” [WTOP]

Body Found Near Roosevelt Island — “A death investigation was underway Wednesday after a body was found in the Potomac River, D.C. police said.  Authorities said the body was found in the water between Teddy Roosevelt Island and the Virginia shoreline under the footbridge pedestrians use to access the island… Officials with knowledge of the investigation said the body was heavily decomposed.” [NBC 4, Twitter]

GW Parkway Chase Leads to Lawsuit — “A D.C. police captain sued the District on Tuesday, alleging he was retaliated against after trying to stop a high-speed pursuit last month that ended with a car overturning on the George Washington Memorial Parkway, causing injuries and bringing rush-hour traffic to a halt.” [Washington Post]

Task Force: Expand County, School Boards — “Increasing the size of the Arlington County Board and School Board by at least two members is among the recommendations of the Arlington County Civic Federation’s task force on local governance, which on April 12 delivered the first of what are expected to be two sets of proposals to be voted on by the organization in June.” [Sun Gazette]

PSA: Steer Clear of River Near Chain Bridge — From D.C. Fire and EMS: “The river knows no boundaries. All this holds true for the District. One slip off the rocks can lead to a fall into a deceptively calm looking river actually laden with treacherous currents and hidden rocks that quickly pull you under. Especially the case around Chain Bridge.” [Twitter]

Lease Change Scores Big Bucks for County — “Arlington County Board members on that date voted 5-0 to support a change in technical aspects of the lease that guides the relationship between the county government, which owns substantial parcels in the Courthouse area, and the developer JBG Smith, which holds ground leases and owns the buildings on some of those very same parcels… By making the changes, which staff say carry little risk to the county government or taxpayers, the Arlington government coffers would receive somewhere in the area of $10 million to $12 million in a one-time payment from JBG Smith.” [Sun Gazette]

ARLnow Article Confuses Chicago Suburbanites — From the Arlington Heights (Ill.) Police Department: “The incident was reported by Virginia news outlets with the headline ‘Barricade situation in Arlington Heights.’ News reports were then shared on social media using the #ArlingtonHeights. We understand this created some confusion and concern for our residents. The Arlington Heights Police Department would like to clarify the above incident occurred in Arlington County, Virginia.” [Facebook]

It’s Thursday — Rain and storms in the afternoon and evening. Southwest wind 11 to 15 mph, with gusts as high as 31 mph. High of 76 and low of 59. Sunrise at 6:34 am and sunset at 7:45 pm. [Weather.gov]

0 Comments

Morning Notes

Trump cutout goes out with the recycling after Election Day (photo courtesy Ari P.)

David Black Convicted, Sentenced for Wife’s Murder — An Arlington County jury this week found Arlington Ridge resident David Black guilty of murdering his wife. Bonnie Delgado Black was found stabbed to death in her home, which was just blocks from her estranged husband’s house, on April 17, 2015. Yesterday the jury recommended that Black serve two life sentences. [NBC 4, WTOP]

County Board Ditches New Year’s Day Meeting — Eschewing a long-standing tradition of holding its first meeting of the year on New Year’s Day, the Arlington County Board yesterday voted unanimously to hold its 2017 organizational meeting on Tuesday, Jan. 3. “We still will start our year off with the community, but without forcing employees to give up their personal and family time on a holiday,” said County Board Chair Libby Garvey. [Arlington County]

Retail Space for WeWork in Crystal City — The County Board on Saturday voted to convert 440 square feet of the WeWork and WeLive building in Crystal City to ground floor retail space, at the request of WeWork. No word yet on what kind of a retailer may be moving in. [Arlington County]

More on Park Protests — “Our Man in Arlington” columnist Charlie Clark has tackled the dual controversies of the baseball field fence in Bluemont Park (the Board acted on that yesterday, article coming soon) and the proposed Williamsburg Middle School athletic field lights. Clark concluded: “Popular sports for kids, peaceful green parks: competing Arlington virtues.” [Falls Church News-Press]

Evolent Health Stock Soars — As of 10 a.m. the share price for Ballston-based Evolent Health is up more than 12 percent today and nearly 70 percent for the year. The tech firm reported a narrower-than-expected loss and higher-than-expected revenue in the third quarter of 2016. [CNBC, Yahoo]

Board Approves Loan for Apartment Renovations — The Culpepper Garden affordable apartment complex for low-income seniors will receive needed renovations thanks to a $9.9 million loan from Arlington’s Affordable Housing Investment Fund. The County Board unanimously approved the loan yesterday. The renovations are expected to begin in the spring and will require tenants to temporarily move to other units on site while their units are renovated. [Arlington County]

Photo courtesy Ari P.

0 Comments

Alecia and Andrew Schmuhl (photos via FCPD)The man who held a local attorney and his wife captive in their McLean home for hours, torturing them and slashing their throats, has been found guilty on all charges.

Springfield resident Andrew Schmuhl, 33, now faces a maximum sentence of life in prison. The sentencing will begin Thursday.

Schmuhl’s wife, Alecia, will face trial in September for her role in the attack, which allegedly stemmed from her firing from the Courthouse-based law firm Bean, Kinney & Korman. Victim Leo Fisher was the partner in the firm who fired Schmuhl.

The firm released the following press release about the verdict Tuesday evening.

We are grateful that the jury’s guilty verdicts in the prosecution of Andrew Schmuhl for his brutal assault of our friend and colleague, Leo Fisher, and his wife Sue Duncan, mark the beginning of closure for them. This was a horrific ordeal no one can fully grasp. We appreciate the enormous effort made by the Commonwealth’s Attorney and his office to present a compelling case that has produced a just result, and the hard work of the law enforcement professionals who brought the facts to light. We trust that the jury will now recommend a sentence commensurate with the defendant’s atrocities.

The firm remains deeply indebted to its friends, clients, colleagues and fellow professionals for their constant well-wishes and support throughout this process.

With the conclusion of the sentencing proceedings, Leo may add his comments to those of the firm, but we ask that his and Sue’s continued privacy be respected. Otherwise, as the prosecution of Alecia Schmuhl is continuing, no further comment will be provided from anyone with the firm, apart from our desire that an appropriate outcome in her case will also be achieved.

About Bean, Kinney & Korman, P.C.

For more than 50 years, Bean, Kinney & Korman has been a leading Northern Virginia law firm that has continuously grown and diversified to meet the increasingly complex legal needs of its expanding community of clients. Bean, Kinney & Korman provides business/corporate and individual services among a wide range of practice areas.  For more information, visit http://www.beankinney.com.

0 Comments

Morning Notes

Reagan National Airport

Dump Truck Driver Found Guilty in Woman’s Death — The driver of a dump truck that struck and killed a 39-year-old mother of three in February has been found guilty of “failing to pay full time and attention.” Marvin Valladares, 33, was sentenced to 10 days in jail with four suspended. [WTOP, WJLA]

Pentagon Centre Redevelopment Plans Change — A plan to redevelop the Pentagon Centre shopping center is being changed. Owner Kimco Realty Corp. now wants to build two residential buildings on the site before building two office buildings and a hotel. Pentagon Centre is currently home to Best Buy, Costco and other big box retailers. If the plan is approved, it and other Pentagon City development projects could result in “a deluge of roughly 4,000 new residential units in a decade.” [Washington Business Journal]

Lane Closures Planned for Parade — A number of lanes will be closed in the area of Four Mile Run on Saturday for the Corso de Santa Cruz Parade. [Arlington County]

0 Comments

Murder suspect Javon Martin (Arlington Police photo)An Arlington County jury has returned guilty verdicts in the trial of 26-year-old Javon Martin, who was implicated in the 2009 murder of Lyon Village resident Carl Diener.

The jury found Martin guilty of robbery and first degree felony murder today, according to prosecutors. He faces a sentence of 25 years to life in prison. The sentencing phase of the trial will begin this afternoon.

During the trial, which began last Monday, the jury heard testimony from Roger Clark III, Martin’s co-defendant, who pleaded guilty to Diener’s murder in January 2012. Clark described the crime as an early-morning robbery that went wrong when Diener fought back and turned out to be stronger than the men expected. During the struggle, Diener was fatally stabbed.

The case was prosecuted by Chief Deputy Commonwealth’s Attorney Molly Newton and Assistant Commonwealth’s Attorney John Lynch.

A more detailed statement from prosecutors is expected later today.

41 Comments
×

Subscribe to our mailing list