"Today Morrogh said the felony charges in the case were inappropriate and will be dismissed.In the future, property owners decide what is allowed on their own property.
'I reviewed the case and decided the felony charges were not appropriate,' he said. 'I didn't find any evidence of malice and the explosive device was a bottle with a wick in it that was lit. I filed a motion to have the felony charges dismissed.'
A formal hearing to dismiss the felony charges will be held in Fairfax County District Court in Herndon on Thursday. The statewide fire prevention code misdemeanors against the bartenders still stand and a preliminary hearing is scheduled for Sept 22. Those charges could result in three years imprisonment and a combined fine of $7,500 for each of them.
'We were very confident this case would be resolved appropriately by the Commonwealth's Attorney and we are looking forward to the proper resolution in this case,' said attorney Mani Fierro of the Herndon Law firm, which represents Rogers and Fedorchak, along with attorney Kyle Manikas."
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