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.
Gov. Glenn Youngkin and state lawmakers are scrambling after veterans' families lost education benefits following the approval of the state budget.
The topic dominated a recent Town hall meeting attended by multiple local state elected officials from Prince William County. The elected officials unanimously pledged to fix the issues created when state lawmakers passed the 2024 budget.
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By Morgan Sweeney
(The Center Square) — Gov. Glenn Youngkin signed Virginia’s budget for fiscal years 2025-2026 Monday after the state’s General Assembly voted to pass it in a special session convened for that purpose.
The $188 billion biennial budget was agreed upon at the tail end of last week after protracted and extensive negotiations between Youngkin and conferees.
Despite the Republican governor holding the line and not allowing taxes to be increased, he and the Democratic-majority General Assembly were able to reach a compromise due in large part to general fund revenues to date exceeding forecasts. They’re currently expected to surpass original projections for the year by over $1 billion.
“While Virginians’ elected officials can sometimes be far apart on policy, today demonstrates and reiterates that we can come together to deliver for the Commonwealth. This budget resolution was empowered by the strength of our labor market, with more Virginians working than ever before and investments by businesses large and small that have fueled record revenues for the Commonwealth,” Youngkin said in a statement.
Democrats tried to include a digital sales tax in the compromise budget – something they adopted from Youngkin’s December budget proposal – but the governor objected to the tax without the accompanying tax breaks he had included in his introduced budget.
While the sales tax would have increased revenues by over $1 billion, the budget passed Monday relies on $525 million from excess revenues to help implement some Democratic priorities.
Chair of the Senate finance committee Sen. Louise Lucas, D-Portsmouth – one of the most vocal critics of some of Youngkin’s budget proposals and goals – lauded the conferees’ work and praised the final product.
“I want to take this moment to thank the conferees and the committee staff for their hard work and dedication,” Lucas said. “There’s a lot to love about this budget…. This is a win for the commonwealth.”
The budget includes 3% raises for teachers and state government employees each year and increased funding for K-12 schools and higher education. It also includes additional funding for law enforcement, mental health and substance abuse treatment services, transportation and conservation, among other initiatives.
Notably, the budget lacks one other item for which Democrats fought intensely: Looping Virginia back into the Regional Greenhouse Gas Initiative. On Youngkin’s first day in office, he issued an executive order to sever Virginia’s ties with the initiative, viewing it as a burden to Virginia’s pro-business environment and as a “backdoor tax” to residents whose energy bills could be raised by utilities trying to recoup costs.
Legislation making Virginia a part of the Initiative was passed in 2020. The Initiative attaches a cost to CO2 emissions. Participating states – a coalition of 11 Northeastern states before Virginia joined – place limits on how many CO2 emissions power plants can produce. Plants can purchase emissions credits if they need more allowable emissions or risk penalties and fines. A lawsuit claiming Youngkin acted outside the scope of his powers as governor by effectively repealing passed legislation through executive action is ongoing.
Del. Richard Sullivan, D-Fairfax, lamented the death of Democrats’ efforts to incorporate RGGI back into Virginia policy through the budget from the floor – while vowing to resurrect it in the future.
“I will vote today for the budget, Mr. Speaker, because of the long list of important advances it makes for the commonwealth. But my vote will be tempered by great disappointment at an opportunity squandered by our governor,” Sullivan said. “Also my vote will be filled with resolve to get Virginia back into RGGI just as soon as possible. This is not over.”
Republicans aren’t thrilled with many aspects of the freshly approved budget, but most voted to pass it.
“While the budget isn’t what a Republican House of Delegates would have produced, the document signed by the Governor today is a significant improvement over the budget sent to him at the end of the regular session,” said House Minority Leader Del. Todd Gilbert, R-Shenandoah, in a statement.
“Today’s budget contains no tax increases and does not require that Virginia rejoin the failed Regional Greenhouse Gas Initiative. It reflects compromise, with both sides dealing in good faith to meet our most basic responsibility,” Gilbert said
If lawmakers had not been able to compromise with the governor by June 30, Virginia would have been at risk of a government shutdown.
By Morgan Sweeney
(The Center Square) — Gov. Glenn Youngkin signed 100 bills into law on Tuesday and vetoed four, bringing his tally so far this session to over 360 bills signed and a record 132 vetoed.
In addition to his vetoes, this batch included more Democrat-sponsored legislation, several health care bills, and an anti-discrimination bill lauded by the governor.
With the Democratic majority in the General Assembly, the percentage of Democratic legislation the governor signs in each round of bill action will likely continue to grow. Youngkin is almost halfway through the legislation sent to him by the body, but both the House of Delegates and the Senate passed substantially more legislation patroned by Democrats than Republicans.
Thus far, signed Democratic legislation hadn’t drastically outpaced signed Republican legislation, but on Tuesday, the governor signed 62 more Democratic bills than Republican. All of the governor’s vetoes, however, have been Democratic legislation.
One of the health care bills responded to recommendations made by the Joint Legislative Audit and Review Commission, which conducts reviews on the effectiveness of state agencies and policies.
In December, the Commission released a report on Virginia’s state psychiatric hospitals, revealing turnover rates much higher than those for most state government employers. This was due to staff feeling unsafe at work, as well as some uncompetitive pay. House Bill 806, introduced by Del. Sam Rasoul, D-Roanoke, partially addresses the problem by requiring nursing staff and psychiatric technicians who work at least 36 hours per week to be designated as full-time employees. The bill also attempts to add some employee pay and benefits protections.
HB 503, patroned by Laura Cohen, D-Fairfax, dictates that licensed behavior analysts be included in the commonwealth’s definition of “credentialed addiction treatment professionals,” to help meet the demand for addiction treatment. No organizations or individuals testified against the bill when it was presented to the committee or subcommittee.
House Bills 314 and 515 both concern state hospitals’ discharging practices.
Several others aim to improve Virginia’s health insurance landscape, updating reporting requirements and penalties for noncompliance for pharmacy benefit managers, prioritizing premium reduction targets for the Commonwealth Health Reinsurance Program, and regulating insurance companies’ interference with patients’ prescription drug coverage.
HB 1085, also patroned by Rasoul, establishes a PFAS Expert Advisory Committee to aid the state in reporting and containment of per-and polyfluoroalkyl substances, or “forever chemicals.”
In the press release from his office regarding his latest signing session, the governor celebrated signing HB 18 and Senate Bill 7, companion hate-crime and discrimination bills, tying them into his efforts to combat anti-semitism.
“As one of my first executive orders, I formed the Commission to Combat Antisemitism, which issued a recommendation that Virginia revise its laws to ensure Jewish Virginians are protected from hate crimes, along with Muslims, Sikhs and other ethnic and religious groups. Today, after two years of hard work, I’m pleased to sign SB7 and HB18 which codify that recommendation,” Youngkin said.
The bills were sponsored by Sen. Bryce Reeves, R-Orange, in the Senate and Del. Dan Helmer, D-Fairfax, in the House.
Youngkin vetoed bills requiring the state Board of Education to create and adopt model policies on climate change curriculum and enforcing penalties for retail sellers of unmarked invasive plant species, as well as a bill from Sen. Ghazala Hashmi, D-Chesterfield, enabling academic research on aggregated district court case data.
“[We wanted to allow] those kids who grew up and had a dream to be a police officer,” State Senator Jeremy McPike (D) WFTF Radio. “And what happened was the governor just crushed those kids’ dreams.”
“Peter Newsham, Chief of Police for Prince William County, also advocated for McPike’s bill. He said his jurisdiction is the most diverse part of the state and having Spanish speakers, let alone DACA recipients, on staff can help reach communities that are afraid to speak to cops.”
“As passed, the budget doesn’t just remove Youngkin’s income tax rate reductions while keeping an expanded sales tax on certain digital transactions, it ups the ante. Their budget expands the sales tax to include business-to-business transactions which are typically untaxed because taxing them only results in “pyramiding” — piling on costs at every stage of completing the final consumer product, with those costs passed on to consumers,” writes Chris Braunlich at The Jefferson Journal.
Delegate Ian Lovejoy (R-22, Prince William County) was one of the few Virginia lawmakers who passed any new legislation on fentanyl. This deadly drug kills four to five Virginians a day.
The bill, awaiting Governor Glenn Youngkin’s signature, standardizes how children. “We’re seeing fentanyl dig deeper and earlier and younger into the school system.
More than 1,500 children and teenagers under the age of 20 died from fentanyl in 2021, four times as many as in 2018, reported Science News in April 2023.
Despite that fact, Democrats in Richmond aren’t doing much to combat the deaths, said Lovejoy.
“Democrats are afraid to add new crimes to the books because they don’t want to piss off their base,” said Lovejoy. “No laws got stricter about any crimes. No new crimes were created. We only weakened offenses in the code.”
On Tuesday, Abigail Spanberger (D-Va., 7th. Prince William, Stafford, Fredericksburg) joined Prince William County Police Chief Peter Newsham in Woodbridge to warn about the dangers of smoking fentanyl through a straw, which is an increasing number of people who consume the drug way of using the drug, reports Insidenova.com.
Spanberger used the press conference to which Potomac Local was not invited to talk about her new bill, Dubbed the Targeting Online Sales of Fentanyl Act. The bill would require the U.S. Government Accountability Office to investigate the methods used to enable the online sale of fentanyl and assess efforts by federal law enforcement and online providers to combat the practice.
Lovejoy said Spanberger toured the halls of the Virginia Capital multiple times during the 2024 General Assembly session, which ended March 9, and notes she failed to lobby any Democrats in the House to pass new legislation combating fentanyl.
In addition to curbing fentanyl use, Democrats failed to strengthen the penalties for drug dealers whose fentanyl kills its users. A Senate bill that would have upped the charge to felony homicide died in the Senate Courts of Justice Committee, with local Democrats Scott Surrovell (Fairfax) and Jennifer Carroll Foy (Prince William County) voting to kill it.
“I think that’s when she should have sat down with her democratic colleagues and said, ‘We need to move the ball forward on meaningful fentanyl legislation.’ She could have been very public about it, signaling that she wants and supports more aggressive fentanyl legislation, and she was mute on all those issues,” said Lovejoy.
Lovejoy, a freshman in the House of Delegates and the only Republican Delegate in Northern Virginia agreed to a wide-ranging interview about his first General Assembly session. We’ll bring more of that to you in the coming days.
(The Center Square) — The use of a male pronoun interrupted the Virginia Senate’s proceedings on Monday.
The state’s first senator to openly identify as transgender, Sen. Danica Roem, D-Prince William, addressed Lt. Gov. Winsome Sears, who presides over the chamber, with some questions. Sears seemingly offhandedly referred to Roem as “sir” in her second response to the senator.
Roem quietly and immediately left the chamber. After a few moments, several other senators also rose and left. Sears tried to continue with the agenda but obliged when Sen. Scott Surovell, D-Fairfax, requested a recess. They reconvened minutes later, but the commotion still appeared to be interfering with the Senate’s business, so Sears put the Senate at ease.
“Let it be known, I am not here to upset anyone. I am here to do the job that the people of Virginia have called me to do,” she said.
She softened some as she went on but still demanded that she be shown “respect and dignity,” appearing frustrated with the interruptions from the incident.
“It is never my intention to make anyone offended, and I hope that others would consider that they would try not to offend me, as well.”
She also exhorted the body to show grace to each other in such instances.
The chamber returned to its normal proceedings.
Roem did not make a public statement on Monday and was silent on X, formerly known as Twitter, where legislators sometimes comment on chamber business.
