Circuit Attorney explains why she dropped charges in beating of Vietnamese immigrant

ST. LOUIS - Tonight St. Louis Circuit Attorney Kim Gardner sits down with Fox Two's Elliott Davis to talk about dropping charges in a case that stunned the community.

Gardner who has come under strong criticism from the family of Vietnamese immigrant Huan Le, says she had no choice because the evidence just wasn't there.

A suspect had been indicted, and charges filed in the beating of Huan Le last October in an alley outside his business.

Mr. Le who suffered from Cancer passed away months after that attack.

Under the previous Circuit Attorney prosecutors were trying to up the charges from robbery to second degree murder.

Things changed when Gardner took over and assigned a new prosecutor to the case.  She said after they reviewed it they determined that they didn't have enough to make robbery charges stick.

For one Gardner says a witness turned out not to be as good as they thought.

Huan Le's son says he's not satisfied with what Gardner said today but he is hoping they can meet face to face and he can get answers.