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ROANOKE, Va.July 21 2010 (AP) — A judge has thrown out a weapons charge against a former J.C. Penney Company security guard accused of firing a gun at a suspected shoplifter outside a Roanoke mall.

Roanoke Circuit Court Judge Clifford Weckstein said Monday that Virginia law allows deadly force during a citizen’s arrest if the person making the arrest believes a felony has occurred.

Dler Anwar Anwar was indicted in May on a misdemeanor charge of recklessly handling a firearm. The 34-year-old Roanoke man was accused of firing a gun during a pursuit of a fleeing shoplifting suspect outside the Valley View Mall.

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