CHRISTIANSBURG, Va. — The former Virginia Tech student charged with illegally possessing an assault weapon as a foreigner was arrested on accusations of using a 30-round magazine in an AR-15 rifle.

But police said Thursday at Chinese national Yunsong Zhao’s preliminary hearing that the 30-round magazine still hasn’t been found.

The Roanoke Times reports photos and video said to be from the day in question showed Zhao with three 20-round magazines, as identified by the accusing Blacksburg Police detective Brian Wilson. Zhao is allowed magazines of that capacity and maintains his innocence.

Judge Gino Williams said prosecutors will have a hard time convicting Zhao. Williams granted bail for Zhao, who has been jailed since his Jan. 29 arrest.

Williams said the accusation is enough to send the case to a grand jury.

Information from: The Roanoke Times,

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