In a meeting on October 8, 2024, the Prince William Board of County Supervisors approved funding for new positions in the Commonwealth Attorney's Office, addressing the office's need for additional resources to handle an increasing caseload. The positions include four new attorney roles: paralegal, victim-witness staff, and administrative staff. Commonwealth Attorney Amy Ashworth emphasized the importance of these positions for the efficiency and effectiveness of the county’s criminal justice system.

This article is FREE to read. Please Sign In or Create a FREE Account. Thank you.

In a recent episode of Potomac Local Live, I talked with Prince William County Supervisor Yesli Vega about various pressing issues affecting the county. Our conversation focused on crime trends, community safety initiatives, and policy responses to local challenges such as panhandling.

This article requires a paid Locals Only Membership to read. Please Sign In or Upgrade to a paid membership. Thank you.

In Prince William County, a catch-and-release style revolving justice system keeps more criminals on the street in the name of fairness.

A shooting at Manassas Mall on July 9, 2024, left two people injured, including one of five suspects in the case, underscores a more significant problem with the justice system in a much more progressive Prince William County.

At odds are those who want to reform the judicial process to make it more fair for criminals and those who wish to prosecute crime to get them off the streets for a determinate period. Caught in the middle are county residents.

Revolving Justice System and Its Implications

In a July 10 letter to her constituents, Coles District Supervisor Yesli Vega, whose district borders the Manassas mall, highlighted two cases where individuals previously accused of felony offenses were released from custody and re-offended. In the mall shooting, she highlighted that 18-year-old Daevon Russell, one of the individuals involved in the gun battle that left a shooter and a bystander wounded, had been previously arrested after an August 2023 shooting for reckless handling of a gun causing permanent bodily severe injury, a felony.

Court records show Russell went to a classmate’s house and shot the cousin of the classmate, who was also inside the home, without provocation. Russell ran from the home, leaving the victim there to bleed. The victim went into cardiac arrest several times on the life flight to Inova Fairfax Hospital, where doctors were able to stop the bleeding and save his life.

Controversial Decisions and Judicial Diversion

When the case went to court, Judge Petula C. Metzer, on a recommendation from county Commonwealth Attorney Amy Ashworth, released Russell with nothing more than a promise to appear and the stipulations that he “not consume intoxicants and have no contact with the victim.” Ashworth claimed her office argued for no bond at a previous hearing, but she could not produce the bond document to prove her claim.

There was no stipulation in Metzler’s order to not possess or carry a firearm. Russell is now accused of going to the mall armed and getting into an altercation in the food court that escalated to shots fired between the two groups.

In a separate case in her letter, Vega highlighted Arial Moya Claros, who has 11 previous charges involving alcohol and family violence over the last two years, before his arrest on July 7, 2024, for felony abduction by force and misdemeanor domestic violence assault and a second driving while intoxicated (DWI) charge.

Six months earlier, in a January 2024 case, Claros’ landlord sought a restraining order against him after the landlord claimed Claros “took the eviction process personal” and claimed Moya Claros was caught on camera attempting to damage the landlord’s vehicles. A verbal confrontation ensued, and the police responded. The landlord also claimed in his petition for a restraining order that Claros followed his pre-teen daughter home, and she had to hide and call her parents because she was scared.

Claros’ case was adjudicated in a family court diversion program in the two earlier domestic violence instances. Had he been convicted in either of the other domestic violence cases, he would be facing a Class Six felony charge for the Domestic Violence assault, which carries a penalty of up to 20 years in jail.

Now, he faces only a misdemeanor assault charge because there were no convictions in the earlier cases, for which carries a much lighter potential sentence. Despite his history of violence and the escalation of violence with this same victim, Claros was released within hours of his arrest on a simple promise to appear.

Commonwealth Attorney Amy Ashworth points to Virginia law that judges only consider convictions, not pre-trial adjudications, when making bail decisions. This requirement by the code to only consider convictions and Ashworth’s focus on diversionary programs sidesteps the more intense consequences convictions provide for re-offenders.

Citing a long-standing prohibition on making statements about open cases, Ashworth said that her office “takes domestic violence cases very seriously and would never agree to a bond if [her office] believed the accused was a danger to anyone or there was a risk the accused [would abscond].” She also said that her office makes good faith recommendations to the judges regarding bail and diversion, but “the Judges unfortunately do not issue reasons for the decisions that they make.”

Diversion Programs vs. Public Safety

Diversion is a broad term referring to alternatives to prosecution that minimize an offender’s exposure to the criminal system by offering an alternative to prosecution and incarceration. These programs bank on an offender’s desire to stay out of jail, to get them on a path to not re-offend.

Diversion programs can help first-time offenders, but experts warn that overusing them for repeat offenders could weaken domestic violence prosecutions. This overuse might unintentionally support the ongoing cycle of violence that victims experience.

Elisa Castillo, director of domestic violence services at Action in Community Through Service (ACTS) in Prince William County, said, “Diversion programs have their place, but some people, for whatever reason, don’t take the chances they are given seriously and jail has to be part of the equation.”

With Ashworth’s election in 2019, county prosecutors shifted focus from a reputation of being tough on crime to a more diversionary justice system that incarcerates fewer criminals and focuses prosecutorial efforts on programs to rehabilitate criminals before they go to jail. The result is a record-low incarceration population in the county lockup and a heavier workload on the probation office.

Prince William County Sheriff’s Chief Deputy Terry Fearnley said the jail population hovers around 540 and represents only the worst of the worst offenders. That number is about half of the jail’s average under former county prosecutor Paul Ebert, who retired after 50 years. Under Ebert, the jail averaged 1,000 inmates.

The jail population is not a bellwether of a healthy justice system but can indicate problems. According to Steve Austin, the county’s director of criminal justice services, referrals from the courts to his pretrial release program have risen nearly 19% during Ashworth’s tenure. Yet, recidivism rates, or the number of accused who commit additional crimes, in his programs have increased by two percentage points in the same period.

Ashworth has said that she does not maintain recidivism statistics, so we are unable to compare how many times people not involved in pre-trial supervision re-offend on her watch. In a statement to Potomac Local, Austin said he could not pinpoint why the recidivism rate in his program has increased despite increased staffing and budgeting.

Community Impact and Political Reactions

Supervisor Vega, reserve Prince William sheriff’s deputy, has been critical of Ashworth’s soft-on-crime policies for some time. She highlighted the two cases because they are “but two examples of the catch and release justice system she sees under Ashworth’s watch.” Vega said she has a unique vantage point of the justice system, previously as a patrol cop and now in her reserve capacity working in the courthouse. “I hear complaints from law enforcement officers telling me that they are dismayed how quickly people they arrest for serious crimes are back on the streets within hours of their arrest and back re-offending, and I hear from constituents that are worried about how unsafe our community has become.

Ashworth is a founding member of the Virginia Progressive Prosecutors for Justice (VPPJ), a left-leaning political activist group. VPPJ has been a leading proponent of justice reforms in Virginia that make crime less detrimental for criminals in the name of equal justice.

VPPJ has called for the state legislature to end mandatory minimum sentences and cash bail. A 2021 letter to the General Assembly argued that these reforms would make it more fair for poorer Virginians. Ashworth does not think making the accused put up collateral to leave jail will help criminals return to court, “Requiring a cash bond punishes people for being poor, and it makes bail bond companies rich,” she said.
With the largest prosecutorial team in the commonwealth, Ashworth has made headlines for prosecuting significantly fewer cases and instead focusing on diversionary efforts as an alternative to prosecution. On average, Ashworth’s predecessor, Paul Ebert, prosecuted 350 felony cases monthly. Ashworth comparatively averages to indict 75 125 felonies per month despite a massive influx in funding and personnel.

Her opponents have blamed the lack of prosecutions as the reason for the county’s alarming 70 percent increase in violent crime between 2019 and 2023. In an unsuccessful bid to unseat Ashworth in 2023, Matt Lowery held a press conference highlighting the rise in violent crime last year. “Ms. Ashworth has charted a course virtually identical to the ultra-liberal prosecutors all around us, and Prince William County residents have paid the price with their property, with their health, and even sometimes with their lives,” Lowery said.

In a 2019 interview with Potomac Local News, Ashworth stated that the fair handling of domestic violence cases was one of her top three issues when running for office. “I will assign a senior attorney to exclusively handle domestic violence so we can pay more attention to the serious domestic violence cases and sort out the minor ‘push-and-shove’ cases,” Ashworth said.

According to The National Domestic Violence Hotline, domestic abuse almost always escalates to something bigger without intervention. This escalation appears to be present in the Moya Claros case, where he is now accused of abducting his victim by force- a felony- in his current case.
Russell’s trial on the December charges is set for August 5, 2024. He remains at the Prince William Adult Detention Center with no bond after his arrest for the Manassas Mall incident. He’s scheduled for a preliminary hearing on the mall charges on September 19, 2024.

Moya Claros’ case is set for another adjudication hearing on November 19, 2024. He remains free on a promise to appear.

*This story has been corrected.

A third man is in custody following a double shooting at Manassas Mall, and a third is wanted.

Eric Ronaldo Benitez, 22, of Croce Court, near Manassas is in custody. The second suspect, Tayvion Omari Thornton, 18, of Cove Landing Drive in Woodbridge, is wanted.

Benitez is charged with two counts of malicious wounding, 1 count of willfully discharging a firearm in a public place, and one count of using a gun in the commission of a felony.

Police said Thornton is black, six feet tall, 160 pounds, with black hair and brown eyes. He’s wanted for two for carrying a concealed weapon, one count of willfully discharging a firearm in a public place, and one count of using a gun in the commission of a felony.

The latest arrests bring the total facing charges in the July 9 shooting to five. Daevon Russell and Joshuah Minas Hernandez, both 18 and from Manassas, were arrested shortly after the shooting and were charged with multiple counts, including malicious wounding and shooting at an occupied building. Additionally, Skyler James Agley, 23, also from Manassas, was charged with similar offenses and remains hospitalized.

An investigation revealed that two groups met near the food court of a mall, where a physical altercation ensued, leading to a shootout in the parking lot. A 23-year-old man involved in the altercation and an uninvolved 51-year-old bystander were injured and treated at a hospital, with both expected to survive.

Shooting suspect was out on bail

Russell, one of the men charged, was out on bail facing judgment for previously committed crimes. Prince William County Supervisor Yesli Vega is questioning why he was released to allegedly commit another crime.

“Why are serious offenders being released back into the community, straining our police department and wasting community resources?” asked Vega. “This appears to be a growing trend under the guise of ‘criminal justice reform,’ posing a threat to all of us.”

Russell is not a stranger to violent charges. In December 2023, he was charged with Reckless with a Gun Causing Permanent Serious Bodily Injury, a class 6 felony. His charges were later escalated to the Prince William County Circuit Court, where he was indicted on multiple counts, including Reckless Handling of a Firearm, Use of a Firearm in Commission of a Felony, Possession of a Firearm Under 18 Years Old, and Malicious Wounding.

We saw this earlier this year when we told you about Jose Rafael Lizama, a 47-year-old Manassas Park resident, who was driving in downtown Manassas late last year and was charged with striking and killing 39-year-old Justin Burns. Lizama was released from jail twice between his arrest date and his first court appearance in May.

Prince William County Commonwealth Attorney on Daevon Russell

Potomac Local News interviewed the Prince William County Commonwealth Attorney Amy Ashworth (D) via email to gain insights into the judicial process and the factors considered in cases like Russell’s.

Risk Assessments and Release Conditions

When asked about risk assessments conducted before releasing Russell, the Commonwealth Attorney stated, “I cannot speak to individual cases that are pending before the Court. I can tell you that a risk assessment is typically conducted by Pre-trial Services and provided to the Court at the appropriate time. This assessment does not make a recommendation as to whether or not a person should be released. It simply sets forth the recommended conditions of release if the Judge grants the person release.”

Monitoring Measures and Compliance

Regarding measures to monitor suspects after release, the Attorney noted, “I cannot speak to individual cases that are pending before the Court. I can tell you that there are several different measures that a judge can take once the judge decides that the person should be released. Those include supervision by a pretrial officer, intensive supervision, GPS monitoring or electronic monitoring, house arrest, and reverse house arrest. They often order the person to abstain from alcohol or drug usage and be tested for the same, as well as to have no contact with certain people or places. They are often ordered not to possess any weapons.”

Justifications for Release Under Supervision

In response to questions about justifications for releasing individuals with records of violent charges, the Attorney said, “I cannot speak to any particular individual’s case that is pending before the Court. I can tell you that the Judges are not required to provide written justification for their release of an individual.”

Balancing Public Safety and Criminal Justice Reform

On balancing public safety with criminal justice reform goals, the Attorney explained, “The Judges make the decision to release someone after considering the factor set forth in the Code and after hearing argument by the defense attorney and the prosecutor. The criminal justice system has never and could never hold everyone that is charged with a criminal offense. There is no magic way for the Judges to predict the future and know who will commit an offense while on bond and who won’t. They have to make the best decision with the information they have available at the time of the bond motion.”

Reviewing and Revising Policies

The Attorney clarified the county’s ability to change policies, stating, “The County cannot change the Code of Virginia, which sets forth the criteria that the Judges use to determine bond.”

Prince William County has allocated $346,000 in the FY2025 budget for contractual lobbying services to convince state legislators to change laws on behalf of County Supervisors, the County Executive, and various county departments and agencies. Many elected officials keep the numbers of state reps on their phones, making them a text message away.

Balmore Ortiz Guardado, 36, of Dale City, will spend at least 35 years in prison after Prince William County Circuit Court Judge Kimberly A. Irving sentenced him to a life sentence. Guardado was charged with drugging and raping women and girls.

From Prince William County Commonwealth Attorney Amy Ashworth’s office:

…the Defendant, a drug dealer, actively recruited and provided illegal substances to include Percocet pills laced with fentanyl, methamphetamines, cocaine, Xanax and alcohol to female victims aged 15-16, facilitating the sexual abuse and rape of the victims, often while they were incapacitated from the drug use or with the threat of a firearm. These acts occurred in late 2021 through 2022. The Defendant was arrested on January 26, 2023.

On January 17, 2024, the Defendant entered a guilty plea to fourteen charges as follows: three (3) counts of Rape, three counts (3) of Object Sexual Penetration, seven (7) counts of Distribution of a Schedule I or II to a Minor, and one (1) count of Possession of Child Pornography. There was no agreement as to the sentence to be imposed and a sentencing hearing to determine the appropriate punishment was held on June 27, 2024. The Defendant was ordered to register with the Virginia Sex Offender and Crimes Against Minors Registry.

Upon hearing the evidence and argument of both sides at the sentencing hearing, the Honorable the Defendant to six life sentences plus 215 years of incarceration with 179 years suspended (35 years of mandatory time). The Judge’s reasons for departing from the Sentencing Guidelines which recommended a sentence within the range of 35 to 86 years included “the violence of the crimes, the number of victims and the effect [of the crimes] on the victims, the use of a firearm, and the recommendation of the Commonwealth.”

The Prince William Board of County Supervisors has received an update on the county's Safe and Secure Communities Initiative, approved in 2022. The program, inspired by successful models in cities like Boston and Philadelphia, aims to address crime through a collaborative, data-driven approach involving multiple county departments, including police, fire and rescue, and the courts.

This article requires a paid Locals Only Membership to read. Please Sign In or Upgrade to a paid membership. Thank you.

Editors note: We blurred the faces of Prince William County Commonwealth Attorney's Office employees. We obtained and published the non-blurred image from a social media account maintained by a Commonwealth Attorney's Office employee. After publication, that employee asked us to remove the photo, citing the need to protect the employees' identities. 

This article requires a paid Locals Only Membership to read. Please Sign In or Upgrade to a paid membership. Thank you.

Prince William County’s Board of Supervisors easily approved the fiscal year 2025 budget with a few changes on Tuesday, April 23, 2024, to take effect on July 1.

This article requires a paid Locals Only Membership to read. Please Sign In or Upgrade to a paid membership. Thank you.

In a letter addressed to the Chair and the Supervisors of Prince William County, Commonwealth’s Attorney Amy Ashworth outlined her intention to withhold prosecution of certain misdemeanor charges, effective May 1, 2024, if county leaders don’t give her more employees.

According to the letter, the Prince William County Prosecutor’s Office is operating with 26 fewer positions than required.  A recent time study showed the office has a deficit of seven attorneys and 19 administrative staff, Ashworth wrote.

On April 18, 2024, supervisors voted in a straw poll and decided to fund an additional four attorneys and four administrative staff for Ashworth’s office. Ashworth asked for 16 new people and asserted that the office cannot sustain its current level of service and must take steps to reduce the caseload. As it stands, Ashworth is set to receive $13 million from the county government to operate her office for the coming fiscal year, starting July 1, 2024. The figure does not include funding from Manassas and Manassas Park cities, for which Ashworth also prosecutes criminal cases.

In response to the straw poll, Ashworth wrote supervisors and listed a series of Class 1 and 2 misdemeanors to which she may no longer assign a prosecutor, including petit larceny, shoplifting, narcotic charges, underage alcohol offenses, disorderly conduct, obstruction of justice, escapes, obscenity, false identification and false report to police, destruction of property, trespassing, reckless driving (unless fatal), and all traffic and operator license misdemeanors.

The Prince William Board of County Supervisors is set to approve its entire FY 2025 budget tomorrow.

“The bottom line is that this office was not properly staffed and funded for decades as the County grew up around us,” Ashworth wrote in an email to Potomac Local. “The time study was able to finally give us a clear staffing standard across the state for all prosecutor’s offices.”

Ashworth, a Democrat, was re-elected to office in November 2023 and is in the first year of her second four-year term.

“The Commonwealth of Virginia does not fund prosecution of misdemeanor cases – only felonies. In smaller jurisdictions, it is easier for the prosecutor to just handle all the misdemeanors as well. However, other large jurisdictions do not handle all of the misdemeanors as [Prince William County] does,” Ashworth adds.

Acknowledging the impact of this decision, Ashworth emphasized the need to focus limited resources on misdemeanors deemed most critical, such as DUI, weapon offenses, and violent crime.

Ashworth’s threats to cut prosecutorial services garnered a quick response from supervisors.

“She claims her predecessor understaffed his office. I don’t recall anyone claiming Paul Ebert [Ashworth’s predecessor] didn’t prosecute enough. The question is efficiency. If Fairfax can do more with less, why can’t she?” asked Gainesville District Supervisor Bob Wier.

During a presentation earlier this month, Ashworth told the Board of County Supervisors that of her 54 office employees, 29 were prosecutors when she took over from her predecessor Paul Ebert, Virginia’s longest-serving prosecutor from 1968 until his retirement in 2019. Since that time dozens of full-time positions have been added to the Commonwealth Attorney’s office, resulting in nearly 80 employees.

“By supporting eight new positions in FY25, in addition to fulfilling the three-year staffing plan introduced by Ms. Ashworth in 2021, I am confident that this Board has provided the Office of the Commonwealth’s Attorney with the necessary resources to fulfill its prosecutorial duties to our residents,” said Occoquan District Supervisor Kenny Boddye. “These new positions will make our Commonwealth’s Attorney office the largest in Virginia, eclipsing even the staffing levels of Fairfax County, which serves more than two times as many residents.”

Since she took over, the Board of County Supervisors has increased funding for her office by $6.4 million and added 32 employees. This represents a cumulative percentage increase of about 93.5% over five years. All the while, Ashworth is pursuing fewer cases than her predecessor, choosing to indict 75 felonies on average per month compared to the 350-per-month average Ebert pursued.

Despite Ashworth having successfully lobbied to increase her office budget to the largest it has ever been in county history, she has the fewest average prosecutions of her predecessors. Meanwhile, the county’s murder rate has doubled, and violent crime increased by 70% since 2019.

In a letter to constituents, Coles District Supervisor Yesli Vega called Ashworth’s letter a “dangerous temper tantrum” describing it as “a stain on the Commonwealth’s Attorney’s office and unbecoming of an elected official.” She also questioned how a 2% increase in caseload could represent a $2 million budget request.

Both Weir and Vega pointed to neighboring Fairfax County, which cut misdemeanor prosecutions and has subsequently seen a rise in overall crime, with Vega rhetorically asking, “How has that worked out for them?”

In addition to the potential for increased crime in Prince William, the change would also increase the workload of Prince William County Police officers. In her letter, Ashworth clarified that while her office will no longer prosecute these offenses, the burden of prosecution will shift to the arresting police officer, who must handle traditional prosecutor duties such as subpoenaing witnesses, answering discovery, and presenting evidence in court.

“There will be an additional burden on the department in that we will need to train officers on how to do the legal courtroom work traditionally done by the Commonwealth Attorney’s Office,” said Prince William County Police Chief Peter Newsham. “This will also likely result in officers spending more time in court and less time in the community.”

Newsham added that there likely would be a “negative impact on conviction rates during the learning curve.” adding, “Our officers are committed, dedicated, and professional, but they are not lawyers.”

“I don’t think this board responds well to threats and Prince William County does not have an unlimited source of revenue,” Weir added when asked if Ashworth’s threats would lead to him consider changing his vote. “We’re growing the government at a level that is unsustainable given the revenues.”

The Board of County Supervisors meets at 7:30 p.m. Tuesday, April 23, 2024, at the McCoart County Government Building, 1 County Complex Court in Woodbridge. The meeting is open to the public and will be streamed online.

Alan Gloss is a freelance reporter for Potomac Local News.

A note to you, our readers:

This story is free to read, but it costs money to bring it to you. If you rely on us for local news and haven’t already, please support us by becoming a member!

• • Join our Locals Only Membership Today!