News

Rejected Plea Deal Part of Tug-of-War Between Arlington Courts, Prosecutor

By Jo DeVoe

(Updated at noon) The Arlington County Circuit Court rejected a plea bargain that would place a Maryland man on two years of probation for allegedly bringing 50 pounds of marijuana and 400 cartridges of hashish oil into the county.

The suspect is accused of arriving on a flight to Reagan National Airport in November 2018 with a checked bag stuffed with drugs. He was arrested by the Metropolitan Washington Airports Authority at baggage claim.

Commonwealth’s Attorney Parisa Dehghani-Tafti and the attorney representing the alleged drug carrier agreed that the defendant would plead guilty to two felony charges and be placed on probation, wrote the presiding judge. After completing the probation and 200 hours of community service, he would be able to withdraw the pleas to the felony charges and instead plead guilty to two misdemeanor charges while having a $100 fine imposed but then suspended.

Judge Daniel Fiore, II, in a memorandum of opinion that was obtained by ARLnow, said the punishment would not deter the defendant, or anyone else, from carrying large amounts of drugs into Virginia for distribution.

“Virginia jurisprudence has long and consistently recognized deterrence as means for a court to determine an appropriate sentence, no matter the criminal statute violated,” Fiore wrote. “Deterrence disincentives unlawful behavior both for the individual and for society.”

Excerpts of Fiore’s opinion were published in late September in Virginia Lawyers Weekly. A call to judge’s chambers was not returned. Dehghani-Tafti told ARLnow that she could not comment on the case at this point.

This rejected bargain is part of a larger theater taking place across the nation, as some prosecutors are changing their approach to drug crimes and judges are fighting back. The tug-of-war reached Virginia Gov. Ralph Northam, who signed a law last month that would require judges to dismiss charges when both the prosecution and defense agree to a bargain or deal.

Fiore wrote that he rejected the bargain in part because the prosecution and defense had understated how much marijuana and hashish the defendant had. The amounts, once disclosed, merited prison sentences between five and 40 years and fines of up to $500,000, Fiore wrote.

Focusing on the quantity of drugs strikes Public Defender Brad Haywood as a bit naive, considering the defendant was likely a low-level “drug mule” put in a high-risk situation by higher-level drug traffickers. He might not have known the quantity of drugs he was carrying, as mules often do not, Haywood said in an email, adding that mules are often thought of as victims of drug trafficking.

“They are under duress; fearful for their safety, desperate for money, or desperate to feed their own addictions,” he said. “They are easy to manipulate precisely because they are suffering. They can even be pressured into doing something as irrational as traveling on a plane with tons of narcotics.”

Given the risk involved, mules are often caught, Haywood said. Instead of harshly prosecuting mules, however, the government frequently offers them leniency so they can help apprehend the supplier.

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Arlington’s Test Positivity Rate Ticks Up, While New Cases Stay Elevated But Hold Steady

By ARLnow.com

Has the rate of new coronavirus cases in Arlington plateaued? Or just paused its upwards trajectory?

It’s unclear, but for the past five days the trailing seven-day average of new daily cases has remained within a tight range, between 30 and 33.

That’s well above the average daily case rate for the first five days in October — in the low teens — but below the county’s spring epidemic, which peaked around 45 cases per day in May.

Arlington Public Schools officials this week cited the rise in cases as a key reason for delaying the start of in-person classes for most students until 2021.

Arlington’s test positivity rate, meanwhile, reached 5% two days ago, according to Virginia Dept. of Health Data, the highest point since Sept. 1. Today it stands at 4.8%. One month ago it was 3.2%.

Arlington’s rate of new COVID-related hospitalizations remains relatively low, with two reported over the past two days. The last local coronavirus death was reported on Oct. 24.

Nationally, the picture is more concerning.

“The U.S. has reached another grim coronavirus milestone, surpassing 100,000 new confirmed cases in a single day for the first time since the pandemic reached the country more than nine months ago,” NPR reported today. “From the Dakotas to Ohio, communities have seen a spike in cases and record hospitalizations in recent days, according to The COVID Tracking Project. Tennessee, Oklahoma and West Virginia have also broken hospitalization records.”

Morning Notes

By ARLnow.com

Frederick-to-Arlington Transit Proposal — “Proposed transit service connecting Arlington to Frederick (Md.) and points in between remains on the table, but barely, after scoring low in a recent cost-benefit analysis conducted by the Virginia and Maryland state governments… As envisioned, the transit route would start at Frederick six times each workday morning and terminate an hour later at the Pentagon, with intermediate stops at Monocacy, Urbana, Germantown, Gaithersburg, Montgomery Mall and Rosslyn.” [InsideNova]

Women Groped in Aurora Highlands — “At approximately 7:18 p.m. on November 3, police were dispatched to the late report of an assault. Upon arrival, it was determined that at approximately 6:30 p.m., the victim was running in the area when the suspect approached her from behind and grabbed her buttocks. The victim yelled, and the suspect fled on foot, then entered the passenger side of a vehicle and left the area.” [ACPD]

Data Breach Affecting Hospital — “Virginia Hospital Center (VHC), a community-based hospital providing medical services to the Washington, DC metropolitan area for 75 years, has recently learned of an information security incident experienced by one of its vendors… [an] unauthorized party may have acquired a backup of the database that compromises certain limited elements of VHC’s donor and fundraising information, as may be the case with other nonprofits affected by this incident worldwide.” [Press Release]

Grand Opening for New Business — Paint Nail Bar (1520 Clarendon Blvd) is holding its grand opening celebration this weekend, from 5-8 p.m. on Saturday. “Champagne and light bites will be served and all attendees will receive a goody bag,” the business says. [Facebook]

Tea Returns to the Ritz — “The Ritz-Carlton Pentagon City is now offering Afternoon Tea, bringing a time-honored tradition at an affordable price – all with safety and the health of guests in mind. Offered in their fyve restaurant, featuring globally inspired dishes, the hotel’s Afternoon Tea service is available at three price points, perfect for adults and children celebrating a special occasion or looking for a weekend respite from the day-to-day.” [Press Release]

More Nice Weather on Tap — “Quite a stretch of tranquil weather ahead of us as high pressure dominates into early next week, resulting in dry conditions and temperatures running 5 to 10 degrees above normal for early November.” [@NWS_BaltWash/Twitter, Capital Weather Gang]

‘Protect the Results’ Rally Held in Courthouse

By ARLnow.com
1/11

(Updated at 10:45 p.m.) Dozens gathered in front of Arlington County government headquarters in Courthouse for a rally calling for every vote from Tuesday’s election to be counted.

The “Protect the Results” rally, which kicked off at 5 p.m., was organized and promoted by a variety of local Democratic and progressive groups. It was held as the 2020 presidential race hangs in the balance, still too close to call in a number of key states.

The rally was intended as a show of support for the continued counting of ballots, including mail-in ballots. President Trump’s campaign said earlier today that it is suing to stop ballot counts in Pennsylvania and Michigan.

“This morning, the president declared victory prematurely. Neither candidate has reached the threshold of 270 electoral votes,” said Democratic organizer Matt Royer. “We have millions of voters who have not been counted yet. It’s time for us to mobilize and get ready.”

“We will stand together to make sure that every vote is counted,” Royer continued. “We will not let this election be stolen from the people. Hold the line.”

No Surprises, Little Drama in Arlington’s Local Races

By Jo DeVoe

(Updated at 4:15 p.m.) Arlington County Democrats enjoyed a clean sweep in their bids for County Board and School Board, with clear results in early on Tuesday night.

County Board Chair Libby Garvey (D) was awarded four more years in office, garnering 72% of votes. Cristina Diaz-Torres and David Priddy — endorsed by the local Democratic party in the nonpartisan School Board race — earned 43% and 36%, respectively.

NAACP Education Committee Co-Chair Symone Walker and frequent local candidate Audrey Clement had unsuccessful independent bids for the School Board and County Board, respectively. Clement garnered 29,923 27% of votes, while Walker received 19% in the three-way School Board race for two open seats.

More than 75% of active voters had cast ballots by 4:30 p.m. Tuesday, including a record-setting 63% who voted early and by mail by Sunday. Since mail-in ballots have until Friday to arrive, the county elections office will not have a final turnout number until then, Arlington Director of Election Gretchen Reinemeyer said in an email.

Local Democrats said they are pleased with the local turnout, hailing a “decisive” vote for the entire Democratic ticket, even as they anxiously watched developments in the still-undecided presidential race.

Garvey said today that she will continue focusing on equity, innovation and resilience during the pandemic during her next term.

“People are tired of the virus,” she said. “This is a difficult time and I hope we can remember to treat each other kindly. We’re all under stress and doing our best. It’s important to take a deep breath and continue to stay together as a community as we work through a lot of difficult issues.”

“Arlingtonians are smart and informed,” Garvey added. “It’s an honor and a privilege to serve Arlington for four more years.”

Turning to the question of reopening Arlington Public Schools classrooms for in-person instruction — which is now delayed until next year for most students — Diaz-Torres and Priddy said today that any plan must focus on safety metrics.

“We need to be careful and make sure we’re proceeding with caution, making sure we’re following the science, not the emotions of the day,” Diaz-Torres said.

With cases rising, APS needs to focus on keeping the kids with severe needs — who returned to schools today — safe, while making virtual learning as high quality as possible for others, she said.

As a School Board member, Priddy said he will be talking with other public school systems and even private schools to see what APS can learn from them.

In an email Wednesday morning, Arlington Democrats Chair Jill Caiazzo thanked the candidates who ran for office in Arlington and congratulated the winners on their “resounding and well-deserved victories.”

“We know that they will work hard on behalf of all Arlingtonians and lead our county and country through these challenging times,” she wrote.

On social media this morning, County Board member Katie Cristol thanked election volunteers for their hard work, and Arlington voters for overwhelmingly approving the five local bonds on the ballot. Cristol also welcomed Priddy and Diaz-Torres to the School Board and thanked Walker for her advocacy

Walker, who dropped out of the Democratic endorsement caucus after her federal employment raised Hatch Act questions, said her defeat was unsurprising but she does not count it as a failure.

“I think I accomplished change by changing the narrative of the School Board race to focus on curriculum and instruction, particularly equity through literacy,” she said.

Walker was less conciliatory in tone last night, writing in a Facebook post that her defeat was attributable to the power of the Democratic endorsement.

It’s unfortunate that a majority of “low information” voters who are oblivious to the serious plight being faced by our schools are electing the school board by blindly voting straight down the ACDC sample ballot, which, ironically, was silent about the education of our students in listing why this is the most important election of our lifetime. Nevertheless, I pray that Cristina and David will rise to the challenge of turning this ship around to put our students first amidst having to live with COVID-19 for the foreseeable future

Nonetheless, Walker told ARLnow this morning that she and her small team — nearly all APS moms — ran a grassroots, issues-focused campaign to be proud of.

“I ran for the School Board because I thought I had the opportunity to push for change on the inside,” she said. “Since that did not work, I’m going to continue pushing APS from outside.”

Clement said her results follow the nationwide trend in polarization: Democrat-leaning counties are becoming more blue, and Republican-leaning counties more red.

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VDOT Holding Hearing About Boundary Channel Drive Changes

By ARLnow.com

Changes are coming to the Boundary Channel Drive and I-395 interchange, and with a public hearing on the plans set for Thursday.

VDOT is set to hold the virtual design public hearing at 7 p.m. tomorrow (Nov. 5) via Cisco Webex. It will discuss the agency’s plans “to upgrade the Boundary Channel Drive interchange at I-395 to improve safety, traffic flow and enhance accessibility and connectivity for bicyclists and pedestrians.”

Boundary Channel Drive runs along the northeast side of the Pentagon and under I-395, before connecting with Long Bridge Drive, near Long Bridge Park and the new (but yet to open) aquatics center.

Among the planned changes are:

  • Reducing Boundary Channel Drive from four lanes to two
  • Adding a ten-foot-wide path/sidewalk on either side of the road
  • Installing roundabouts on either side of I-395
  • Reconfiguring the highway ramps
  • Adding crosswalks
  • Creating a new shared-use path that links the Mount Vernon Trail to Long Bridge Park

“In lieu of an in-person hearing, VDOT invites residents and travelers to learn more, participate in the virtual hearing and give feedback,” the agency said in a press release. “Once the hearing is complete, the recorded presentation will be available online. Project materials and details are also available at virginiadot.org/BoundaryChannel.”

Comments on the plans are being accepted through Monday, Nov. 16.

The $20.4 million project is being paid for “with state (including Revenue Sharing), Arlington County and Northern Virginia Transportation Authority funding,” VDOT notes. The agency expects to start the process for selecting a design-build contractor this winter.

Photos via VDOT

Robber Who Tried to Swim Away from Police Pleads Guilty

By ARLnow.com

A 34-year-old D.C. man dubbed the “Beltway Bank Bandit” has pleaded guilty to charges connected to his use of a gun in three robberies, including one in Arlington.

Federal prosecutors say Freddie Lee McRae brandished a firearm when robbing a Wells Fargo branch and a Burke & Herbert branch, both in Alexandria, in late 2018. He also brandished a pistol on April 21, 2019, when he robbed the Legend Kicks and Apparel store on Columbia Pike in Arlington, prosecutors say.

McRae’s getaway vehicle was spotted by police after that robbery, leading to a chase on the GW Parkway that ended up with the car in the Potomac River and McRae unsuccessfully trying to swim to freedom.

“McRae pleaded guilty to three counts of brandishing a firearm during and in relation to a crime of violence,” the U.S. Attorney’ Office for the Eastern District of Virginia said in a press release Tuesday evening. “He faces up to life in prison and a mandatory minimum of 21 years in prison when sentenced on Feb. 23, 2021.”

In addition to the three robberies for which he pleaded guilty on Tuesday, McRae also admitted to several other bank robberies, as well as the attempted robbery of a Capital One Bank branch in February 2019, prosecutors say.

The full press release is below.

(more…)

Morning Notes

By ARLnow.com

Greens Want Tax Hike for New Initiative — “The Arlington Green Party is seeking a five-fold increase in one local tax in order to fund an environmental initiative. The party in late October promoted the idea of the county government giving owners of single-family properties in Arlington $1,000 credits to have energy audits conducted and then take cost-effective steps to improve efficiency…. The party wants to increase the existing utility tax from $3 per household per month to eventually hit $15 per household per month.” [InsideNova]

Looking On the Bright Side — “And the winner is: free paper yard waste bags. Available at five County sites during leaf season.” [@ArlingtonDES/Twitter, Arlington County]

Improvements Proposed in Seven Corners — “The Virginia Department of Transportation has provided another in a series of updates on potential improvements being studied along Route 50 (Arlington Boulevard) between Jaguar Trail and Wilson Boulevard in the Falls Church/Seven Corners area.” [InsideNova, VDOT]

UPDATED: Biden, Dems Win Big in Arlington

By ARLnow.com

(Updated at 7:30 a.m.) To no one’s surprise, the Arlington electorate has turned out in a big way for the Democratic ticket.

Former Vice President Joe Biden and Sen. Kamala Harris have 80.7% of the vote to 17.1% for President Donald Trump and Vice President Mike Pence in Arlington, with more than 120,000 votes counted and all precincts reporting.

By contrast, 75.8% of Arlington voters picked Hillary Clinton in the 2016 presidential election, to 16.6% for Trump.

The Associated Press called Virginia for Biden just over half an hour after polls closed at 7 p.m.

As of 4:30 p.m. Tuesday, overall turnout in Arlington County was over 75%. The voter turnout in 2016 was 82%, shy of the Arlington record of 85% in the 2012 presidential race between President Barack Obama and current Senator Mitt Romney.

Among local races, Arlington County Board Chair Libby Garvey (D) is cruising to an easy victory, with 71.6% of the vote, compared to 26.6% of the vote for independent challenger Audrey Clement.

In the Arlington School Board race — for two open seats — Democratic endorsees Cristina Diaz-Torres and David Priddy currently have 43.1% and 35.8% of the vote, respectively, leading independent candidate Symone Walker, who has 19.2% of the vote.

All five county bond issues will pass, with between 75-80% of the vote. That’s despite some organized opposition to the school bond.

Arlington voted against Constitutional Amendment #1, to establish a bipartisan redistricting commission in Virginia — 45% for, 55% against — though it has garnered the support of nearly two-thirds of voters statewide. Constitutional Amendment #2, providing vehicle tax relief to disabled veterans, easily passed statewide and received 81.5% of the vote in Arlington.

In the statewide race for U.S. Senate, incumbent Sen. Mark Warner (D) was declared the projected winner by the Associated Press early on.

In Virginia’s 8th Congressional district, which includes Arlington and Alexandria, incumbent Rep. Don Beyer (D) is winning handily, with 75.6% of the vote to 24.2% for Republican Jeff Jordan. The AP called the race at 8:10 p.m.

The initial returns that included early and mail-in votes were overwhelming Democratic, but with Election Day results rolling in the non-Democratic candidates have added to their totals and cut into the Democrats’ margin of victory.

Around Arlington, the pandemic has most people watching election coverage from their homes, rather than from bars. In Clarendon and Shirlington tonight, only a relative few could be seen in front of TVs inside the neighborhood’s usual watering holes.

As the election returns continue to come in, Arlington County Board member Katie Cristol said tonight that the county is “committed to ensuring every vote is counted.”

UPDATED: ‘Quiet’ Election Day So Far in Arlington

By ARLnow.com

(Updated at 6:30 p.m.) It’s been a relatively quiet day at the polls in Arlington for one of the most contentious presidential elections in modern memory.

As of 4:30 p.m., only 13% of active voters had showed up at the polls. But that’s in addition to the 63% that had already voted via early voting or mail-in ballots as of Sunday.

“Things have run pretty smoothly throughout the day,” Arlington County Director of Election Gretchen Reinemeyer told ARLnow this afternoon. “It’s been pretty quiet for a presidential [election].”

As of 1 p.m., no more than 500 voters had cast ballots at any one Arlington precinct, Reinemeyer said. No issues have been reported at the polls so far, she added, though there have been numerous provisional ballots requested — likely a result of those who requested mail-in ballots deciding to vote in-person instead.

As for what to expect tonight, Reinemeyer said the bulk of the results should be released early on, after the polls close. Some 100,000 early votes that had been counted by Sunday should be tabulated and on the state election website shortly after 7 p.m.

Police: Man With Knife in Clarendon Was Actually Trying to Stop a Fight

By ARLnow.com

Sometimes, things are not as they first appear. That seems to be the case with an incident in Clarendon early this past Saturday morning.

Police say an officer patroling the bar district “observed a subject with a knife and detained him without incident” around 2:15 a.m. But soon, police say it became clear that the man with the knife was actually a would-be Good Samaritan and the victim of a crime.

“It was determined that two males were involved in a verbal altercation when the subject attempted to intervene,” the Arlington County Police Department said in a crime report. “Upon doing so, he was physically assaulted by one of the involved males and fell to the ground. He stood up, brandished a knife in an attempt to stop the assault, and walked away from the incident.”

“During the course of the investigation, the predominant aggressor in the assault was identified,” the crime report continues.

A 22-year-old man from Wareham, Massachusetts “was arrested and charged with Malicious Wounding and Drunk in Public,” ACPD said. “He was held on no bond.”

Also early Saturday morning, police responded to an armed robbery at a 7-Eleven store on Wilson Blvd in Rosslyn. More from the crime report:

ROBBERY (late), 2020-10310075, 1600 block of Wilson Boulevard. At approximately 5:00 a.m. on October 31, police were dispatched to the late report of an armed robbery. Upon arrival, it was determined that at 4:24 a.m., two suspects entered a business. Suspect 1 approached an employee and brandished a firearm while Suspect 2 demanded cash from the register. The suspects fled the scene on foot after stealing an undisclosed amount of cash. Suspect 1 is described as a White male wearing a black puffy jacket with a red shirt underneath, black ski mask and khaki pants. Suspect 2 is described as a White male wearing a black jacket, light blue ripped jeans and a black ski mask. The investigation is ongoing.

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