NORFOLK, Va. — Author's note: The video above is on file from August 2022.
Some of the charges against an 18-year-old accused of driving a stolen car toward detectives have been set aside.
On Monday, the Norfolk General District Court reported that Malachi Elliott's charges of attempted aggravated murder of a law enforcement officer and grand larceny/vehicle theft had been nolle prossed. That means the charges won't be prosecuted now, but if police officers find more evidence those charges could be brought back to court.
Elliott was arrested after he allegedly drove a stolen car into Riverside Memorial Park in Norfolk on July 22, and when officers tried to stop him, they say he drove toward them. Police say an officer yelled for Elliott to stop, then shot him in the arm.
The criminal complaint said police found a semi-automatic handgun on Elliott when they arrested him. He had several felony convictions before this, which made him ineligible to own a gun.
Elliott's felony gun possession charge will go to a grand jury, for that group to decide if there's enough evidence for him to stand trial.
Norfolk Commonwealth Attorney Ramin Fatehi gave a brief statement, confirming that some of Elliott's charges wouldn't go to court right now.
"I can say that at preliminary hearings we generally proceed the charge or charges on which we expect the evidence to prove the defendant’s guilt beyond a reasonable doubt," he wrote.