The Crown has withdrawn two of the criminal charges faced by a Toronto shopkeeper who tied up and detained a man who stole from his store.

Charges of kidnapping and carrying a concealed weapon were withdrawn against Wang (David) Chen in a Toronto court yesterday morning.

Chen, 35, will be tried June 21-23 on the remaining charges of forcible confinement and assault.

His lawyer, Peter Lindsay, says he will make a constitutional argument based on the validity of a citizen’s arrest, adding he feels Chen should never have been charged in the first place.

Lindsay said outside court the weapons charge was “ludicrous, and I’m glad that’s been withdrawn.”

Chen says he’s disappointed because he is still facing charges.

“They only dropped two charges and I was hoping they would drop everything. I still need to go to court in June.”

He was charged in May when he made a citizen’s arrest after a man stole $60 worth of flowers from his shop, the Lucky Moose Food Mart and later returned. Under the Criminal Code, a person must find someone in the act of committing a crime for a citizen’s arrest to be legal.

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