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


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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]

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

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Photo courtesy Ari P.


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.


Reagan National Airport

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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.