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.

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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.

1:40 p.m. Wednesday, July 10 – Police have identified the woman previously pictured with the suspects to be a hospital employee who was not involved in the shooting. Prince William County Police have released a new photo array of the suspects, pictured above.

9:15 a.m. Wednesday, July 10 – Police have arrested three in connection to a double shooting at Manassas Mall. One of them, a 23-year-old man, remains hospitalized. He was injured during an altercation between men outside the mall.

Police are seeking more suspects in the case. We posted the latest update below.

When we posted last night, we learned that an innocent bystander was shot in the upper body after a bullet ricocheted into him. The shooting took place about 2 p.m. Tuesday, July 9, outside the entrance to the mall’s food court.

Malicious Wounding *ARRESTS – On July 9, Prince William County detectives charged three men in connection to the shooting that occurred at Manassas Mall located at 8300 Sudley Rd in Manassas (20109) earlier that day. Two of the men arrested were suspects initially detained by officers following a traffic stop shortly after the shooting had occurred. The third suspect charged was the 23-year-old man who was one of two men injured during the altercation and determined to be in one of the groups involved in the shooting incident. The third suspect remains hospitalized in police custody. Investigators are still seeking the identities of several other suspects. Anyone who witnessed the incident or has information to identify the pictured suspects or can otherwise aid in the investigation is asked to contact police at 703-792-6500. The investigation continues.

Arrested on July 9:

Daevon RUSSELL, 18, of 9306 Taney Rd in Manassas

Joshuah MINAS HERNANDEZ, 18, of 8381 Shady Grove Cir in Manassas

Both men above were charged with 2 counts of malicious wounding, 1 count of shooting at an occupied building, 1 count of willfully discharging a firearm in a public place, 1 count of carrying a firearm in a public place, and 1 count of using a firearm in the commission of a felony

Court Date: Pending | Bond: Unavailable

Charged on July 9: [No photo available]

Skyler James AGLEY, 23, of 7600 Gales Ct, #103, in Manassas

Charged with 1 count of malicious wounding, 1 count of shooting at an occupied building, 1 count of willfully discharging a firearm in a public place, and 1 count of using a firearm in the commission of a felony

Court Date: Pending | Status: Remains Hospitalized

10:17 p.m. Tuesday, July 9 – We’re learning the second man who was shot at Manassas Mall today was an innocent bystander.

Police said the man was shot in his upper body, not lower, as was initially reported by police. We first told you about the victims shortly after gunshots rang out today, Tuesday, July 9, 2024, at about 2 p.m. Both victims suffered injuries that were not life-threatening.

Now, police said they are looking for those involved in the shooting. Detectives don’t yet have descriptions of the suspects and have asked anyone with information to call police.

All gunshots were fired outside the mall, near the food court entrance.

We received this update from Prince William police at 10 p.m.:

Shooting Investigation *SUSPECTS SOUGHT – Prince William County detectives are seeking the identities of several parties in connection to the shooting that occurred at Manassas Mall located at 8300 Sudley Rd in Manassas (20109) on July 9. The investigation revealed two groups met at the mall near the food court where a physical altercation ensued. During the encounter, multiple firearms were brandished by both groups before the altercation exited into the parking lot. Once in the parking lot, outside the mall, shots were exchanged between both groups before the parties dispersed. No shots were fired inside the mall. One of the injured parties from the group, identified as a 23-year-old man, was driven by other associates to an area hospital where police were notified. An uninvolved bystander, identified as a 51-year-old man, was located at the scene and treated at an area hospital for a wound to the upper body (correction from the lower body in an earlier release). Both men are expected to survive. A search of the area by a police K-9, resulted in evidence including multiple firearms being recovered. Additionally, two men were detained nearby following a traffic stop shortly after the shooting. Charges are pending. Multiple resources from Manassas City police, Manassas Park police, the Prince William County Sheriff’s Office, Fairfax County police helicopter, and the Prince William County Department of Fire & Rescue responded to the scene to offer assistance. Detectives are actively seeking the identities of the pictured suspects in connection to this incident. Anyone who witnessed the incident or has information to identify the pictured suspects or can otherwise aid in the investigation is asked to contact police at 703-792-6500. The investigation continues.

More as we have it.

Update 3:45 p.m. -- Prince William police just issued a statement.

On July 9 at 2:08PM, officers responded to Manassas Mall located at 8300 Sudley Rd in Manassas (20109) to investigate a shooting-in-progress. Arriving officers conducted a precautionary search of the building resulting in no active scene being identified. Preliminary indications are an altercation occurred outside the mall in the parking lot between two groups. At one point during the encounter, shots were fired, and the parties dispersed. Uninvolved parties and possible witnesses ran into the mall alerting others to the incident in the parking lot, sparking initial panic. Two injured parties have been identified, one was taken to an area hospital with a gunshot wound to the lower body where police were notified, and the other was located on the scene with a minor wound to the lower body believed to have been caused by a ricochet. No additional information is known about these individuals or their possible involvement, if any, in the incident. Both parties are expected to survive. A vehicle has been stopped near the incident and additional parties have been detained. Their involvement in the incident has not been confirmed at this time. Police remain on the scene. The incident is contained and is not believed to be random. Investigators are asking anyone who may have witnessed the incident or has information to aid in the investigation to contact police at 703-792-6500. General access to the mall may be restricted at this time as the investigation continues.

Original post 3 p.m. -- Two people were shot at Manassas Mall at the food court at about 2 p.m. One of the victims was flown to Inova Fairfax Hospital, while another was taken to Sentara Northern Virginia Medical Center. The second victim appeared to have been grazed by a bullet. Police swept the mall and found no other injuries. According to initial reports, multiple people were seen fleeing the mall toward a wooded area along Ashton Avenue. The call went out at 2:11 p.m. More as we have it. Get our free daily news email for updates on this story.

*UPDATE: Incident occurred at Manassas Mall. Officers are on scene conducting a precautionary check of the building. Two injured parties being treated, unknown extent of injuries. Incident is contained and does not appear to be random. Investigation continues. https://t.co/61RWlobwlp

— Prince William County Police Department (@PWCPolice) July 9, 2024

Dill Dinkers is opening its first flagship location in Virginia at Manassas Mall on Saturday, June 8. The 16,485-square-foot facility features six indoor courts, event space, a pro shop, and a state-of-the-art reservation system. The club will offer a range of services, including clinics, lessons, leagues, and private event rentals. Pickleball pro-Gage Tutko will be on staff to enhance the player experience.

More in a press release:

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On May 28, detectives concluded the investigation into the May 22 bomb threat at Manassas Mall, identifying the culprit as a 12-year-old girl and determining the threat was not credible. The case will be handled through the juvenile diversion process after consultation with Juvenile Court Services.

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Dill Dinkers Pickleball, a new sporting facility, is nearing completion at Manassas Mall.

The upcoming location will feature six indoor courts, along with amenities such as a ball machine, a cutting-edge court reservation system, private event accommodations, and a pro shop. Situated at 8300 Sudley Road in Manassas, the mall will soon house this exciting addition.

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With its fusion of funk, blues, salsa, and soul, Go-Go music holds a special place in Washington, D.C., and surrounding communities. In fact, in 2020, the musical genre was designated as the D.C’s official music. Now, diners in Northern Virginia can pay homage to the Go-Go culture while enjoying burgers and milkshakes in a new restaurant that could make Chuck Brown and the Soul Searchers proud.

Burgers@ Manassas held a “soft” opening on February 10 at the Manassas Mall, which offers a wide range of hamburgers, tenders and wings, beverages, and locally baked desserts. As the second “Burgers@” location in the Washington, D.C. area (the other location is in Camp Springs, Md.), the Burgers@ Manassas restaurant brings the familiar musical culture to Prince William County.

“We’ve been getting a lot of great feedback from our customers, who are excited for ‘Burgers@’ to be in Manassas, mainly because nothing like this exists in Prince William County,” said Dennis Green, founder and CEO of the Burgers@ restaurant brand. “…Our Manassas customers and neighbors are all excited to see the Go-Go music culture highlighted in this area, and we’re honored to be able to do this through our restaurant.”

Beyond its extensive menu of sandwiches and burgers, Burgers@ Manassas boasts an impressive 54-foot mural three times larger than the mural at the Maryland location. Green said the mural is a “focal point” that honors local prominent figures who have contributed to the “overall culture in one way or another.”

“Being a native Washingtonian, I’ve always embraced the artistry of Go-Go music since I was a young kid and it is the inspiration behind everything that I do,” Green said. “…It was a no-brainer to incorporate the Go-Go music culture into the brand’s story. Not just with the interior design, but the menu items, as well as the entertainment that we offer.”

Among its best sellers are “The Apollo” burger, which costs $12, the “Soufeast Seafood Burger,” at about $17, the “Jive Turkey” burger at $12, and “The Bay Filet,” at $12.25. Customers can complement their burgers by choosing from over 25 toppings and sauces, and the burgers are made with fresh Angus beef, whiting fish, chicken, or even shrimp.

Green said that while the restaurant undergoes a “soft” opening phase, its grand opening should occur in the next 60 days. The restaurant is open every day, noon until 6 p.m., and is located inside the Manassas Mall at 8300 Sudley Road in Manassas.

Kevin Sandell is a freelance reporter for Potomac Local News.

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