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Verdict negated in Lynchburg shooting case

Published: Mar. 31, 2021 at 5:21 PM EDT
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LYNCHBURG, Va. (WDBJ) - In Lynchburg Circuit Court Wednesday, Austin Rozdilski appeared for a hearing.

That hearing stemmed from a motion his attorney made last year - a motion to set aside a jury verdict.

“I wanted the jury to hear all the facts and that’s what we wanted from the very beginning,” said Joseph Sanzone, Rozdilski’s attorney.

Sanzone had his motion granted Wednesday.

The motion was to set aside the unlawful wounding charge a jury found Rozdilski guilty of.

Sanzone says new evidence was found that brings new details to the case.

“The new evidence is that they found the firearm ... the gun that was being used as bait for a robbery in what was an apparent sale, but was never intended to be one ... now the jury needs to be able to see it and hear about how it showed up,” said Sanzone.

The battle is one that dates to 2019 when Rozdilski - then 17 years old - was charged with the murder of an E.C. Glass High School senior and the malicious wounding of another.

He was later acquitted on the murder charge - along with two firearms charges - but found guilty of unlawful wounding, a reduction of the malicious wounding charge.

Wednesday’s decision by Judge F. Patrick Yeatts negates the jury’s conviction, but more is still to come.

The Lynchburg Commonwealth’s Attorney Office declined to comment.

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