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Murdered Deliveryman Suspects Not Facing Murder Charges
   posted 6:31 pm Mon July 14, 2008 - Fredericksburg, Va.
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The family of a murdered delivery driver is speaking out as a complication in the case has left the two suspects not facing capital murder charges.

The couple charged in the case, Jermaine Montgomery, 34, and Marcey White, 36, face charges of abduction, carjacking, credit card theft and conspiracy, but not murder.

The commonwealth's attorney in Fredericksburg announced he can't add capital murder charges against the two suspects because the medical examiner found Zhang was most likely not murdered in Fredericksburg. "You gotta keep in mind when these folks left Fredericksburg, they passed through a string of jurisdictions," said Charles Sharp.

Police are working to pinpoint the exact jurisdiction in which Zhang was stabbed to death between Fredericksburg and Sussex County, Va. where Zhang's body was discovered 150 miles away from home. Even without that, because the body was found in Sussex County, the commonwealth's attorney there could pursue murder charges. She tells ABC 7/NewsChannel 8 she'll make a decision in two days.

Police said Zhang left his parent's restaurant, China Express on Jefferson Davis Highway, shortly before 9:30 p.m. to make deliveries. His parents called police when Zhang did not return by closing time.

Police responded to the last place Zhang delivered to, 202 Charles Street, a vacant apartment. Police found a large amount of blood and a shoe believed to be Zhang's. According to police, the evidence at the scene was consistent with a violent crime. Detectives believe the suspects ordered food to the address in order to rob Zhang.

Authorities said the two suspects have lawyers and aren't making statements, so figuring exactly what took place is up to police. "I don't think I am going out on a limb to say the case will be prosecuted somewhere," Sharp said.

28-year-old Joyce Zhang, who speaks little English, said she wants justice for her brother Yong Hui, a man she says was always smiling. As for the mourning family with their restaurant surrounded by flowers and words of sympathy, Zhang's sister expressed her gratitude through a translator. "Thank you so much for all of your support and all the people of Fredericksburg."

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