Lucky Moose storeowner David Chen leaves Old City Hall Courthouse after two of most serious charges including kidnapping were dropped against him. (Alex Urosevic/Sun Media)

Surrounded by supporters from the Chinese community, Toronto merchant Weng "David" Chen expressed relief as prosecutors withdrew the two most serious charges against him for holding a shoplifter in a van.

Provincial Crown Attorney Colleen Hepburn successfully requested a Justice of the Peace to withdraw charges of kidnapping and possession of a dangerous weapon against Chen, 35.

Hepburn did not give reasons at Old City Hall Court today for withdrawing the charges, but advised the province will proceed to trial next June with two lesser charges against Chen and two employees of the Lucky Moose Food Mart on Dundas St. W.

Habitual theif Anthony Bennett ripped off plants at the store last May, then stole from another flower shop, and was grabbed about an hour later after returning to Chen's store near Spadina Ave.

Police charged the trio with the four counts after freeing Bennett, who first denied the theft, then pleaded guilty and was sentenced to 30 days in jail.

Lawyer Peter Lindsay said the case, which earned Chen the title of a "vigilante," should never have proceeded, since shoplifting is rampant, Bennett has a theft history dating to 1976 and merchants are angry over limitations to traditional citizens arrest laws.

Lindsay told reporters a constitutional challenge about citizens arrest rights will form a major part of his defense case during Chen's trial, which now can go before a judge alone instead of the jury requirement for the more serious kidnapping charge.

"Why all the focus on Mr. Chen and not on Mr. Bennett and his ongoing crimes," Lindsay said, expressing frustration with Toronto Police, who the lawyer said he advised in statements from other merchants about the shoplifter's recent activities.

Lindsay said proceeding with the two remaining charges against Chen, "is not a good use of our coursst resources."

Holding the hand of Ellee Wong, widow of late Markham MPP Tony Wong — one of more than 25 supporters from the Chinese Community who came to court — Chen said, "I'm feeling much good because they dropped the charge."

He also thanked his supporters for attending.