Arlington, VA

The owner of the Arlington Smoke Shop in Green Valley says charges have been dropped against the alleged burglar shot by a store employee.

Jowan Zuber said this week on a GoFundMe page for the employee, Hamzeh Abushariah, that the “mastermind of the burglary” was “allowed to walk free” by prosecutors — while Abushariah remains under house arrest, facing serious charges in connection to the March 29 shooting.

Two other alleged burglars are still facing charges, after police say they broke into the store at 2428 Shirlington Road early in the morning and attempted to steal items. Abushariah was sleeping in a backroom of the store at the time, but woke up and grabbed the store’s gun. Zuber says the person who was shot is being “protected” by prosecutors.

“I can’t believe they’re protecting the criminal,” he said last night on Tucker Carlson Tonight, his second appearance on top-rated the Fox News opinion show. “I’m sure if the criminal broke into their house they would be doing 10 years in jail right now.”

Prosecutors, meanwhile, declined to confirm that charges were dropped against the suspect, who — like the other two — are juveniles.

“Based on the ethical rules which govern lawyers and prosecutors, we are very limited in what we can say about cases — and even more limited in what we can say about juvenile cases,” Commonwealth’s Attorney Parisa Dehghani-Tafti said Monday, in response to an ARLnow inquiry. “The only question I can answer is that the case of the adult (shooter) is still pending.”

ARLnow previously reported that the third suspect had not been charged and was still “in a medical facility” almost one month after the shooting. Zuber told the Daily Caller that he appeared in court in a wheelchair.

Despite the juvenile’s injuries, Zuber said last night that it was not fair for Abushariah to be facing charges and the alleged organizer of the crime to be free, suggesting without additional evidence that there might be a political motivation.

“This is so sad and so shocking, the justice system is not working in Arlington,” he said. “The prosecutor’s office is very upset that I came on your show and spoke the truth and now they’re looking at the whole thing a different way.”

Following a preliminary hearing on July 30, Abushariah’s case is now heading to Arlington Circuit Court. Zuber wants police to release the full surveillance video of the shooting, which he claims shows the now-free suspect “lunging” at Abushariah before the shooting. Prosecutors say the boy was shot “point blank” in the back.

“I hope that Arlington County will share the video exactly,” Zuber said.

Zuber noted that Abushariah is under house arrest and cannot work or take his kids to the park, but still has to pay more than $1,000 per month in child support and fees for his court-mandated GPS monitor. The GoFundMe for Abushariah has raised more than $10,000 since last night’s “Tucker” show, and now stands at $13,349 of a $100,000 goal.

Zuber said the handling of the burglary case sends a bad message to young people.

“Hey you can go rob and steal and the prosecutor will stand next to you and defend you,” he said. “This is sad for justice, this is injustice.”

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