Mike May says there’s been a lot of talk about selective prosecution

That’s the term commonly used to refer to local prosecutors deciding whether or not to pursue cases of people charged minor infractions like littering, or trespassing, or possession of small amounts of marijuana.

“You’re not electing a king or queen who gets to decide what to prosecute. You follow the law,” said May, a Republican whose making his second run to be Prince William County Commonwealth Attorney.

His Democratic opponent Amy Ashworth said a prosecutor should do the same, but use discretion. In an interview with Potomac Local, she praised a Richmond prosecutor who chose not to pursue the case of a woman who exposed her breasts at the state capitol earlier this year.

“It’s about a feeling… it’s like when somebody passes you speeding, and then you see them pulled over, and you say to yourself, ‘that’s justice,” said Ashworth.

During a Prince William Committee of 100 and League of Women Voters forum in Manassas on Wednesday, the two were also asked about prosecuting gun crimes. May promised to prosecute “to the fullest extent of the law.”

“By the time it gets to the prosecutors, the problem is the crime has already been committed,” Ashworth countered. The state needs to do more to keep guns out of the hands of violent offenders, especially those with a history of domestic violence, she said.

She also told the crowd she’s not in favor of the death penalty but would pursue it if the law allows. “I don’t like [the death penalty] because it’s permanent. If you’ve ever watched Netflix or HBO, you see the criminal justice system doesn’t always get it right,” she said.

“The power to take your life away is the most awesome power the government can wield. It’s not something to celebrate, but there are some crimes so heinous and unspeakable, the death penalty should be used to protect the safety of the community,” May said.

The appeals process for death row inmates is costly to taxpayers, and it’s never been proven the death penalty deters crime, Ashworth added.

May said Prince William County should continue its 287g program that uses federally-trained county sheriff’s deputies to determine the immigration status of those who have been arrested and charged with a crime. “…it’s a matter of…hometown security,” said May, admittedly borrowing a quote from Prince William County Sheriff Glen Hill.

Ashworth said the policy has made immigrants more afraid to report crimes. “It’s cost $2 million and has done nothing for the community,” she said.

The policy has been in place at the county jail since the Obama administration.

Both candidates said the Commonwealth Attorney’s office needs to institute an open-file discovery system to make the evidence process more transparent.

May served on the Prince William Board of County Supervisors from 2007 to 2016. He now heads a private law practice.

Ashworth worked as an assistant prosecutor in Prince William County for 11 years before becoming a trial attorney.

The man both aim to replace — Democrat Paul Ebert — is retiring. He’s the longest-serving prosecutor in the state, is Ashworth’s former boss, has been in office since 1968, and has the highest number of death-row convictions in Virginia.