Judge drops rape charge against man accused of assaulting girl, 10

A Prince William County judge dropped a rape charge against a man accused of raping a 10-year-old girl in Dale City.

Prince William County Circuit Court Judge Carroll A. Weimer Jr. dropped the charge on March 6. The suspect, 40-year-old Bernabe Garcia of Woodbridge, was set to appear for a jury trial on the rape charge from March 18 to 21, 2024.

Prince William County Commonwealth Attorney Amy Ashworth said she had no comment on the case and emailed:

“I do not comment on cases involving juveniles alleged to have been sexually abused as I believe their privacy should be respected. Speaking generally and not specifically about any case, I will tell you that we never “drop” charges – that is not a legal term used when speaking about criminal charges. The Commonwealth may elect to nolle prose or “not prosecute” the charges at this time. This does not prevent charges from being brought back at a later date. The decision to nolle prose a case can be made by a prosecutor for a variety of reasons, such as the unavailability of key witnesses to appear at trial, the need for additional evidence or investigation by the police, the discovery of evidence inconsistent with the original charges, the need for further testing of evidence at the forensics lab, the inability of witnesses to testify, the desire of a victim to not move forward with prosecution, etc. I can assure you that the decision to nolle prose a case is not made lightly and is done in consultation with the victim and the police.”

It’s the second time Ashworth has declined to comment in as many months. Last month, Ashworth refused to comment on The arrest of Jose Rafael Lizama, a 47-year-old resident of Manassas Park, charged in the death of Justin Burns, who was struck and killed while walking near the Old Town Sports Pub in Downtown Manassas on December 2, 2023.

Police arrested Lizama immediately following the crash on December 2, 2023, when he was arrested for driving while intoxicated. Astonishingly, he was released the next day on a personal recognizance.

Police arrested Lizama a second time on February 2, 2024, when Lizama, this time facing charges of involuntary manslaughter in connection to Burns’ death. However, Lizama was released on February 5, 2024, upon posting a $5,000 secured bond.

For the rape case, police charged Garcia On February 16, 2023, when detectives with the Prince William County Police Special Victims Bureau concluded an investigation into a sexual assault that was reported to have occurred at a home in Dale City on January 16 and February 12, 2023. The investigation revealed the female victim, who was under the age of 10 at the time of the offenses, was sexually assaulted by the accused on more than one occasion, police said.

Police said Garcia knew his victim. The victim reported the incident to a family member, who contacted the police, prompting the investigation.