Commonwealth’s Attorney

County Board and prosecutor candidates Roy and Katcher lead campaign fundraising so far

By Jo DeVoe
A campaign sign for Arlington County Board candidate Natalie Roy with other candidate signs in the background (staff photo)

(Updated at 12:10 p.m.) Two candidates have emerged as top fundraisers ahead of this year’s Democratic primary: Natalie Roy for Arlington County Board and Josh Katcher for Commonwealth’s Attorney.

That’s according to newly-filed quarterly campaign financial reports.

The six candidates for County Board, two for Commonwealth’s Attorney and three for Sheriff will run in a primary on June 20 to determine the local party’s nominees headed to the general election. The Arlington County Democratic Committee will hold a caucus in May to endorse a School Board candidate.

In statements, Roy and Katcher said the numbers show their message resonates with people who do not feel heard or are concerned with the direction Arlington is headed — whether on housing and community engagement or on prosecutorial reforms.

Roy, a realtor noted for getting around on bicycle, kicked off her campaign by expressing misgivings with the zoning ordinance changes known as Missing Middle, which passed in March. She instead suggested other solutions — such as turning the vacant, condemned Key Bridge Marriott into housing and county amenities.

She comes in first at $51,237, followed by former Arlington NAACP branch president Julius “JD” Spain, $48,032, and businessman Tony Weaver, $46,087.

While Roy has the most donations over $100, her campaign highlighted that 80% of donors were Arlington voters and 80% donated less than $250.

Donations above and below $100 to Arlington County Board candidates (chart by Jo DeVoe)

“This shows both strong grassroots and widespread community support, a sign that Natalie’s message has been resonating with Arlington voters who feel like their voice has not been heard in recent years,” per a statement she released on Tuesday.

“From hosting small meet & greets in their living rooms, to knocking doors, to donating, their strong and steady support has made it possible for me to do the best part of a campaign — meeting with and hearing from Arlingtonians across the county,” Roy continued.

With $105,526 raised and more than $90,000 spent, Katcher — who worked as a prosecutor under Theo Stamos and his now-opponent, incumbent Parisa Dehghani-Tafti — outraised and outspent his former boss.

“Ours is the people’s campaign, and once again the Arlington and Falls Church City communities have stepped up and proven that,” he said in a statement. “Since I kicked off my campaign in November, we have surpassed our fundraising targets — twice. Thank you to all the supporters who have helped make this possible.”

2023 fundraising vs. expenses for Commonwealth’s Attorney race (chart by Jo DeVoe)

Katcher’s campaign said all his support is derived from individuals. Per the nonprofit Virginia Public Access Project, which compiles campaign reports, some 400 people have donated to his campaign. Dehghani-Tafti has received donations through some 150 individual contributions in addition to three PACs.

The largest of these is an in-kind donation of $8,000 from Justice and Public Safety PAC, a PAC funded by George Soros. The billionaire philanthropist donated millions to the PAC, supporting dozens of progressive prosecutor candidates in the U.S., including several hundred thousand dollars in cash and services to Dehghani-Tafti’s successful 2019 campaign.

(more…)

Family of Braylon Meade says justice was not served in deadly drunk driving incident

By Jo DeVoe
Braylon Meade playing basketball (courtesy of James McIntyre)

(Updated at 11:40 a.m.) No defendant under 18 years old has been tried as an adult in Arlington County since Parisa Dehghani-Tafti became Commonwealth’s Attorney in 2020.

For Arlington’s top prosecutor, this is an important reform. It keeps children in a system designed for guiding them, and holding them accountable while providing rehabilitative services.

But Rose Kehoe, the mother of Braylon Meade, would have wanted to see the 17-year-old who killed her son while driving drunk last November tried as an adult. In a letter to state Sen. Barbara Favola (D) — shared with other elected officials and with ARLnow — she wrote the decision not to charge the teen as an adult in Arlington County Circuit Court is one reason they felt justice was not served and they were not heard.

“Meaningful reform requires nuanced thinking regarding the facts of each individual case and applying the law fairly and appropriately,” Kehoe wrote to Favola, who endorsed Dehghani-Tafti in her reelection campaign. “In the case of Braylon Meade, we have no doubt that Ms. Dehghani-Tafti’s political rigidity on the issue of refusing to charge juveniles as adults is what governed this case.”

“This was a campaign slogan that worked to drive voters to the polls in 2019 but when applied in the real world of running her office, it stripped our voice away from us and denied a meaningful discussion on how to seek justice for Braylon,” Kehoe continued.

She said Dehghani-Tafti categorically rejected trying the offending teen as an adult despite being two months shy of his 18th birthday at the time of the offense, “despite the defendant’s history of alcohol and THC abuse, despite him driving 94 miles per hour down Old Dominion Drive, despite him only applying his brakes for one half of one second.”

The teen was sentenced to one year of detention and two years probation, though Dehghani-Tafti sought three years in detention.

In a statement to ARLnow, Dehghani-Tafti empathized with the family but said many conditions have to be met to try a child as an adult, and it is not certain the offending teen would have met those criteria.

“As a mother, I know that the death of a child is life shattering. Braylon’s death is a devastating loss for his family and friends, and I am heartbroken over it,” she said. “I understand why Ms. Kehoe feels the way she does. And I don’t want to say anything that adds to their pain. There is simply no good outcome because the only good outcome would be for Braylon to be home.”

A candlelight vigil at Washington-Liberty High School for Braylon Meade (staff photo by Jay Westcott)

The decision to certify

State code allows juveniles to be transferred to adult court in limited situations and after considering several factors, such as the severity of the crime and if the child has committed other crimes in the past.

Factors that could lead to transfer include if the offense was premeditated and a weapon was used, Dehghani-Tafti said. Factors that may argue against transfer include the mental health of the defendant and the availability of services.

“All this is because we know from both experience and science, kids are different from adults,” Dehghani-Tafti said. “My team and I met with Braylon’s family, listened to them, and carefully considered this case — with the guideposts of justice and the safety of the community — before determining it was not an appropriate case for transfer. We pursued this case with diligence, and asked for the maximum sentence available, three years. After hearing both sides, the court gave 12 months with a period of probation.”

But Kehoe says she walked away from the one meeting her family had with Dehghani-Tafti feeling less considered than the defendant.

(more…)

Libby Garvey among the notable locals supporting challenger for Commonwealth’s Attorney

By ARLnow.com
Josh Katcher, candidate for Commonwealth’s Attorney, at the Arlington Democrats meeting in January (staff photo by Jay Westcott)

A fundraiser for Commonwealth’s Attorney candidate Josh Katcher has drawn some notable local names.

Katcher is running in June’s Democratic primary to unseat his former boss, Parisa Dehghani-Tafti, as Arlington’s top prosecutor. Both bill themselves as justice reformers, though Katcher is associating a local rise in crime — albeit one in line with national trends — with what he calls the “multiple failings” of Dehghani-Tafti’s leadership.

Garvey emailed supporters Friday evening, inviting them to a fundraiser for Katcher this coming weekend. More from the email, below.

Dear Friends,

The first local candidate that I am supporting publicly this year is Josh Katcher running for Commonwealth’s Attorney. I hope you will consider supporting Josh as well and perhaps join me at the event on Saturday, March 25 at 3:30 pm.  It would be great to see you there.

If you have any questions, I’m happy to discuss the race.

All best,
Libby

Names also appearing on a flyer for the event include former School Board member Barbara Kanninen, former Rep. Jim Moran, and former County Board candidate Chanda Choun.

Endorsements listed on Dehghani-Tafti’s website include Reps. Don Beyer and Jennifer McClellan; County Board members Matt de Ferranti and Takis Karantonis; former County Board member Mary Hynes; former state Sen. Mary Margaret Whipple; current state Sens. Barbara Favola, Scott Surovell, and Dick Saslaw; School Board member Mary Kadera; former School Board members Nancy Van Doren and Monique O’Grady; Dels. Alfonso Lopez and Marcus Simon; Clerk of the Circuit Court Paul Ferguson; Commissioner of the Revenue Ingrid Morroy; and County Board candidate JD Spain.

Katcher recently criticized Dehghani-Tafti for her decision to prosecute a murder-for-hire suspect who was quickly found not guilty by a jury, after the case was highlighted on ABC’s 20/20. ARLnow hears that NBC’s Dateline is also planning to air an episode about the 1998 murder and the case against the victim’s then-fiancee.

Free clinic this Saturday will help people who want their criminal record expunged

By Jo DeVoe
Gavel (Flickr photo by Joe Gratz)

This Saturday, Arlington County’s top prosecutor, its Circuit Court clerk and some attorneys will help people who want their criminal record expunged for free.

The clinic will be held from 11 a.m. to 2 p.m. this Saturday (Dec. 3) at Arlington Presbyterian Church, located off Columbia Pike at 918 S. Lincoln Street. It will provide everything attendees need in one place to request arrests that did not result in convictions be removed from their record.

“Even if you’ve been arrested and not convicted, that arrest can follow you every time you apply for a job, school, or an apartment,” Commonwealth’s Attorney Parisa Dehghani-Tafti tells ARLnow. “That harms people, their families, and the community. This clinic is one way we can mitigate that harm and give people a chance to live productive lives.”

She says this is the first time Arlington has offered an opportunity like this, but she hopes it isn’t the last.

“We wanted to do this for a long time but had to delay because of Covid,” she said. “Prince William has done it recently but I am not aware of any other jurisdictions in Virginia, though it is possible.”

Courts do not identify who is eligible to have their record expunged, so the aim of the clinic is to let people know what is available and what is possible, she says.

“The biggest difficulty is twofold: people don’t know they’re eligible and don’t apply, or others who are not eligible and apply are surprised to discover they are not,” she says. “So, one of our main goals is public education.”

Ahead of the clinic, her office partnered with the public defender’s office, the defense bar, local churches, and other community organizations to reach people who may be eligible.

Attorneys will provide pro-bono assistance and clinic sponsors are covering the $86 filing fee on a first-come, first-serve basis.

Attendees need to bring the arrest warrant or final letter of disposition for each charge they would like to be expunged.

Currently, Virginia law limits expungement to narrow circumstances, Dehghani-Tafti says. The Virginia General Assembly passed a new law that would expand eligibility for record sealing, but the changes won’t take effect until July 1, 2025. Even so, there is still room for improvements, Dehghani-Tafti adds.

Clinic sponsors include the Arlington Branch of the NAACP, the Arlington Coalition of Black Clergy and Black Parents of Arlington, as well as local nonprofits Bridges to Independence, Offender Aid and Restoration, Arlington Thrive, Arlington for Justice and the D.C.-based Mid-Atlantic Innocence Project, where Dehghani-Tafti used to serve as legal director.

OAR Associate Deputy Director Mustafa Saboor said in a statement that this clinic is an important first step in helping people overcome unjust barriers.

“Our criminal legal system is overly punitive, and nowhere is that more apparent than in the way arrest records destroy people’s ability to work and live,” Saboor said. “Because Black and Brown communities are overpoliced throughout this country, barriers to work because of arrest records fall disproportionately on those communities, further entrenching deeply racist lines in this country.”

Dehghani-Tafti’s former deputy prosecutor announced on Tuesday that he will be challenging her in the 2023 Democratic primary.

Flickr photo by Joe Gratz

Former prosecutor launches bid to replace his boss as Arlington’s Commonwealth’s Attorney

By Jo DeVoe
Josh Katcher (via Josh for Arlington/Facebook)

Commonwealth’s Attorney Parisa Dehghani-Tafti now has a challenger — someone who once worked for her.

Former Deputy Commonwealth’s Attorney Josh Katcher will go up against the incumbent in the Democratic primary in June. Katcher was hired as Assistant Commonwealth’s Attorney by Theo Stamos in 2012 and he was promoted to deputy in 2021 near the outset of Dehghani-Tafti’s tenure.

“I am running because my opponent Parisa Dehghani-Tafti has not only broken her promises on reform prosecution, she also has broken the office in the process,” he said in an email to supporters, reprinted on Blue Virginia.

In a separate statement, tweeted out by Washington Post reporter Teo Armus, Katcher says he brings “unique insight” to the “multiple failings under the current administration’s leadership.”

“Crime is rising in Arlington,” Katcher said in the announcement. “There is no doubt about it and we have the data from the Arlington County Police Department to prove it. People are concerned about their safety and their property. Denying this or falsely alleging it is part of some media-driven narrative doesn’t solve the problem.”

Katcher said his first two promises are to acknowledge what he says is rising crime in Arlington and to increase transparency by releasing data housed in the Office of the Commonwealth’s Attorney within a year of taking office.

“The stakes could not be higher for our community,” Katcher said. “This election is not about whether we should be engaged in reform prosecution. The question is really whether we are going to miss this generational window of opportunity to get it right. Every victim, witness and defendant who comes through the doors of the courthouse deserves a Commonwealth’s Attorney that delivers real reform and real justice.”

Reported property crimes offenses increased 7.4% over 2020, according to the 2021 ACPD crime report, mostly driven by fraud and theft, but also increases in vandalism, robbery and burglary. In 2021, ACPD says it arrested several suspects who were “frequently responsible for multiple cases within Arlington or regionally.”

Crimes against people increased 24%, driven by increases in simple and aggravated assaults, an upward trend since 2018, according to ACPD stats. The police department, meanwhile, has cut some services, such as follow-up investigations on “unsolvable” property crimes, in the face of staffing shortages.

In interviews with ARLnow and statements on Twitter, Dehghani-Tafti says that crime is not, in fact, trending upward. She points to low murder rates and to the fact that Arlington’s overall crime rate remains well below state and national averages.

In response to concerns about property crime sprees and repeat offenders, she has said the approach for the last 40 years is to blame, as is a lack of investment in diversion programs.

Dehghani-Tafti beat incumbent Theo Stamos in the 2019 Democratic primary, with a platform focused on criminal justice reform. She pledged to fix systemic flaws in the criminal justice system such as cash bail and punishment for marijuana possession.

Since taking over, her office has launched a wrongful conviction unit and a restorative justice program for young adults. Her critics, however, say she offers criminals lenient plea deals and lets them go free as a result of bond reforms.

Ahead of the primary, Katcher says he faces “an uphill road” to victory because Dehghani-Tafti will “receive hundreds of thousands of dollars from PACs outside of our community.”

She has received a substantial donations from the Justice and Public Safety PAC, which is funded by billionaire philanthropist George Soros. By contrast, Katcher promises a “people-powered” campaign.

Whoever wins the Democratic primary in June will face off, in November, with any independent or Republican challengers who may emerge over the next year.

Katcher was born and raised in Fairfax County, according to his website. He earned his law degree from the University of Virginia and briefly worked in litigation in New York City before becoming a local prosecutor.

He currently lives in Arlington with his wife Jill, their children Juliet and Jamie, and their dog Louie and has served in a variety of roles within the Arlington County Democratic Committee.

Arlington prosecutor Parisa Dehghani-Tafti launches reelection campaign

By Jo DeVoe
Commonwealth’s Attorney Parisa Dehghani-Tafti at Arlington Democrats election watch party in November 2019, when she was elected to office (Staff photo by Jay Westcott)

Parisa Dehghani-Tafti announced today (Tuesday) that she is running for reelection as Commonwealth’s Attorney for Arlington County and the City of Falls Church.

Dehghani-Tafti, who campaigned on criminal justice reform, won her first term in 2019, after beating incumbent Theo Stamos (D) in a contentious and expensive primary that saw more than half a million dollars in donations to the challenger from a justice reform group.

She pledged to fix systemic flaws in the criminal justice system to which, Dehghani-Tafti asserted, Stamos was blind. This included cash bail, a requirement that defense attorneys hand copy all the prosecutor’s files about their criminal case and punishment for marijuana possession.

“Three years ago, when I first sought our community’s support, I promised that our community would become a model for how to run a criminal justice system that provides safety and justice for all,” Dehghani-Tafti said in a statement. “In just three years, in the midst of a global pandemic, in the face of constant resistance from the forces of the status quo, and fighting against a right-wing recall campaign against me, we’ve achieved that and more.”

The recall effort, which never amounted to a serious threat to her seat, was led by a political group named Virginians for Safe Communities that also targeted as her counterparts Buta Biberaj and Steve Descano in Loudoun and Fairfax counties, respectively.

Today, in a press release announcing her reelection bid and on Twitter, Dehghani-Tafti says she has made good on many of her campaign promises.

Her office launched Virginia’s first Conviction Review Unit to investigate wrongful conviction claims, after the General Assembly passed a law expanding the pool of defendants who can challenge convictions.

It started a program, dubbed “the Heart of Safety” program, to find alternatives to prosecution in certain misdemeanor and felony cases committed by juveniles and young adults. It also partnered with local and national nonprofits to create diversion programs that reduce racial disparities in the criminal legal system, and received a U.S. Department of Justice grant to run restorative justice program.

In her Twitter thread, she added that her office never asked for cash bail and stopped prosecuting simple marijuana possession before the General Assembly decriminalized it. She says her office assigns one prosecutor to preside over a case from start to finish and allowed defenders to access court records electronically. Over the last three years, the jail population has dropped by 30%, as have certain types of crimes.

Additionally, she says, her office did not certify a single child as an adult in 2021 and Arlington’s behavioral health docket now allows individuals experiencing mental health crises to obtain treatment without incurring a criminal record.

“We did all of this while making sure our community remains safe,” she said in today’s statement. “While homicides rose 30% nationwide, in our community they dropped by 50%. In 2021 and for about 16 months, Arlington County and the City of Falls Church recorded zero homicides. This year, to date, one.”

Critics, however, have asserted that crime is up under her tenure. They accused Dehghani-Tafti offering criminals lenient plea deals and letting them go free as a result of bond reforms. In one case, an Arlington County Circuit Court judge rejected her plea deal — a local example of a broader judicial tug-of-war between judges and reform-minded prosecutors — and Dehghani-Tafti fought for prosecutorial discretion, with support from a criminal-justice organization. (more…)

Nurse found not guilty of falsifying records after man’s death in county jail

By Jo DeVoe
The family of Darryl Becton with Arlington NAACP President Julius “JD” Spain, Sr. (staff photo)

A man who was charged in connection to the death of Darryl Becton in Arlington County jail in 2020 has been found not guilty.

Antoine Smith was charged in September 2021 with the misdemeanor of falsifying a patient record.

Smith worked for Corizon Correctional Health, the jail-based medical provider at the time of Becton’s death, which has been sued multiple times across the nation for inmate deaths allegedly connected to inadequate care.

When reached by phone, Smith’s attorney declined to comment on the outcome of the case.

The charge was levied against Smith as part of a year-long investigation into the circumstances surrounding Becton’s death at the Arlington County Detention Facility.

In the wake of his death, the Arlington branch of the NAACP called for an independent investigation. The jail, meanwhile, cut ties with Corizon and updated its protocols.

One month later, Becton’s family filed a $10-million wrongful death lawsuit against Arlington County Sheriff Beth Arthur, the elected official who oversees the jail and the Sheriff’s Office, as well as Corizon and four medical staffers, including Smith.

The suit alleges that medical staff did not treat and properly monitor Becton’s drug withdrawal symptoms or high blood pressure, despite being aware of his condition and the risks associated with it.

The lawyer for the case did not return a request for comment on how the not-guilty verdict for Smith impacts the lawsuit.

Becton was the fifth person — and the fourth Black man — to die in the facility while in custody in five years, according to the Arlington branch of the NAACP. Since then, the number of people who have died in the detention facility has risen to seven, prompting the Arlington County Board to pledge greater oversight over how the jail is managed.

For the NAACP, the charges against Smith were never its focus.

“Even had Mr. Smith been found guilty of that charge, it would not have answered the central question: why did Mr. Becton die?” Arlington NAACP President Julius “JD” Spain told ARLnow. “The NAACP remains committed to helping our entire community understand how this avoidable tragedy happened, so we can work together to ensure it never happens again.

“We will continue to advocate for a better public safety system that reduces the reliance on prisons as means of solving social problems, and advances effective law enforcement,” Spain continued.

The verdict does raise a host of questions about who supervises jail-based healthcare providers and their employees, and where was that supervisor when Becton died, Spain said.

“So, finally, why did it take this unnecessary and tragic death, seven in seven years, to ultimately cause the Sheriff’s office to find a new contractor?” Spain said. “To date, no one has been held accountable. Is it a toxic work environment, fear of retaliation, or improper management of personnel? Every day that passes without an answer, trust and confidence in leaders and the justice system erode.”

The jail has taken some corrective steps to improve its treatment of inmates, including hiring a quality assurance manager, planning to buy a new medical tracking device and updating health check protocols.

These actions led Virginia’s Jail Review Committee, part of the Board of Local and Regional Jails, to conclude that “no further measures are necessary” and close its investigation into the Arlington jail last month. Its investigation found evidence suggesting the jail had broken state regulations in Becton’s death, according to the Richmond Times-Dispatch.

Morning Notes

By ARLnow.com
New signage on Crystal Drive warning drivers to not block vehicle or bike lanes (staff photo by Jay Westcott)

Flyover This Morning — Updated at 9:15 a.m. — “The US Air Force reports 2 flyovers in the NCR consisting of 4 military aircrafts (in both flyovers) at Arlington National Cemetery today, July 14… at 9:55AM and 11:43AM.” [PoPville]

Arlington Again No. 1 ‘Digital County’ — “Arlington County continues to be a national leader in technology, once again being recognized as the No. 1 Digital County by the Center for Digital Government and the National Association of Counties. The 2022 award marks the fifth time that Arlington has received the top honor in the 150,000-249,999-population category.” [Arlington County]

County Seeking Funding for Crash-Prone Ramp — “Arlington County officials are slated to apply for $10 million in federal funding to improve an interchange at Arlington Boulevard and Washington Boulevard, while seeking a similar amount from the state government as a backstop in case the federal cash never materializes. The proposal aims to reconfigure two existing interchange ramps and create a straighter, two-directional ramp with signalization.” [Sun Gazette]

Another Group Backs ‘Missing Middle’ — “Count Habitat for Humanity on board with the Arlington government’s Missing Middle housing proposal. The proposed zoning change ‘is not the answer to the affordability crisis, but it is one answer, that the county [government] could and should implement,’ John Smoot, co-president and CEO of the organization’s D.C./Northern Virginia chapter, said in a recent letter to County Board members.” [Sun Gazette]

Jewelry Robbery on the Pike — “Columbia Pike at S. Four Mile Run Drive. At approximately 1:50 a.m. on July 13, police were dispatched to the report of a robbery by force. Upon arrival, officers made contact with the victim who stated he and the witness were in a parking lot when the unknown male suspect approached them. The suspect became confrontational and a verbal dispute occurred during which the suspect implied he had a weapon. The suspect then forcibly removed the victim’s necklace and fled the scene of foot. The witness recovered the chain of the necklace from the suspect as he fled.” [ACPD]

Prosecutor: Long Sentences Not Always the Answer — From Commonwealth’s Attorney Parisa Dehghani-Tafti: “I understand the easy answer is to simply say: keep people locked up for as long as possible because if they’re locked up they can’t commit any crime. But, what about if doing so increases the chance they will reoffend once released, thereby decreasing public safety?” [Twitter]

Local Neighborhood Profiled — “Madison Manor is composed primarily of brick ramblers and ranchers, some with recent additions, interspersed with larger contemporary homes. Most of the original homes maintain the red brick facade; a few have been painted white or partially covered with siding.” [Washington Post]

Two Charged in Rare Liquor Scheme — “In the search for hard-to-find bottles of bourbon at Virginia ABC stores, some liquor enthusiasts have been worried about leaks of a more serious kind… The conspiracy theories apparently weren’t wrong. An ABC investigation led to four felony indictments against two men who were arrested last month and charged with computer trespass and embezzling ABC’s inventory list.” [Virginia Mercury]

It’s Thursday — Partly cloudy throughout the day. High of 87 and low of 72. Sunrise at 5:56 am and sunset at 8:35 pm. [Weather.gov]

Parisa Dehghani-Tafti, Jason Miyares spar over prosecutorial reforms

By Jo DeVoe
Commonwealth’s Attorney Parisa Dehghani-Tafti at an NAACP and Black Lives Matter rally in June 2020 (staff photo by Jay Westcott)

Virginia Attorney General Jason Miyares visited Arlington yesterday (Thursday) to launch a political fund aimed at unseating progressive prosecutors.

The reform-minded approach of “left-wing liberal prosecutors” has “directly resulted in higher crime in our communities and they must be stopped,” Miyares said in a statement that specifically called out Fairfax County Commonwealth’s Attorney Steve Descano.

The goal of the Protecting Americans Action Fund, he said, is to “elect District Attorneys who will enforce the law and prosecute criminals, instead of this warped version of criminal justice, which is endangering Americans.”

Miyares did not name-drop Parisa Dehghani-Tafti, Descano’s Arlington counterpart, but coming to Arlington was enough to prompt her to mount a defense of her prosecutorial approach.

The Commonwealth’s Attorney for Arlington County and the City of Falls Church fired back on Twitter with a volley of tweets.

Dehghani-Tafti was elected in 2019 on a pledge to reform the criminal justice system by reducing racial disparities in prosecution as well as recidivism and incarceration, while investigating wrongful convictions. Last year, there was an effort to recall her that accused Dehghani-Tafti of offering criminals lenient plea deals.

Miyares contends crime is up in places like Northern Virginia, under the leadership of Descano, Dehghani-Tafti and Loudoun County Commonwealth’s Attorney Buta Biberaj. But Arlington’s top prosecutor says these jurisdictions “have the lowest crime rates of any large jurisdictions in Virginia and country.”

She reiterated the crime trends she touted earlier this year, including that her jurisdiction recorded no homicides in 2021 — down from three homicides in 2020 and two in 2019.

(Two reported deaths last year were in federal jurisdiction, including the police officer who was stabbed, shot and killed outside the Pentagon and the security contractor who died at the U.S. State Department’s National Foreign Affairs Training Center.)

“I’ve long resisted the claim that the drop in homicide is due solely to my policies. Instead, I’ve credited the work of our County Board, local delegation, police department, school board, defense bar, public defender, and community and faith groups in teaming up to prevent crime,” she said.

“And yet, the AG and other anti-reformers have no hesitation in cherry picking any individual incident or any uptick in any crime, however slight, to mislead the public and paint a false picture of our reform achievements,” she continued.

Some crimes were trending up during her election year, 2019, and continued upward during her first year of office. This includes an uptick in property crimes, driven largely by carjackings, according to 2020 crime data — the most recent available from Arlington County Police Department.

This uptick prompted more police patrols and coordinated regional response in 2021, which may explain why, according to preliminary ACPD data for last year, carjackings dropped from 16 in 2020 to eight, while car thefts dropped from 323 in 2020 to 306.

(more…)

Honduran man going to trial for 2009 rape of a teenager near Crystal City

By Jo DeVoe
Efren Cruz (courtesy of ACPD)

A man accused of raping a teenager in Arlington 13 years ago will be going to trial later this month.

The two-year-long process to bring him to trial in what was once considered a cold case may be facing delays, however, after a mistrial was declared last week.

Efren Cruz, 43, is accused of rape and sodomy. He fled Arlington sometime after the rape in 2009, authorities say, and the investigation went cold until the U.S. Marshals Service and Immigration and Customs Enforcement officers found and arrested him in 2016.

Cruz is a Honduran citizen who came to the U.S. in 1998, according to ICE. He was extradited back to Virginia and arrested in March 2020. A grand jury indicted him on rape and sodomy charges in August of that year.

His initial trial, which began last Monday (Feb. 28), ended a day later when the presiding judge declared a mistrial. The Office of the Commonwealth’s Attorney and the Arlington Public Defender Office both declined to comment on why this happened, citing professional obligations given that the case is still pending

We are told, however, that the court proceedings somehow lacked transparency and the judge declared the case a mistrial in an abundance of caution, allowing a new trial to be scheduled.

Defense attorneys and prosecutors met today (Wednesday) with Arlington Circuit Court Judge Louise M. DiMatteo and rescheduled the trial for Monday, March 21. An attorney speaking on behalf of Senior Assistant Public Defender Lauren Brice, who is representing Cruz, told the judge this would be enough time for Brice to file new motions in the case based on forthcoming transcripts documenting “whatever happened” in the courtroom last week.

Addressing the prosecution, DiMatteo said she imagines “the remedies that need to take place” after last week are “happening right now.”

The Cruz case dates back to Aug. 28, 2009, when a teen girl told the Arlington County Police Department that a man had sexually assaulted her in her in the 3500 block of S. Ball Street, near Crystal City. Different documents say the alleged victim, named K.C. in court documents, was 13 or 14 years old at the time.

Court records indicate the teenager underwent a physical exam so DNA could be collected. Eventually, a forensic analysis from 2017 determined Cruz “cannot be eliminated as a contributor” of the DNA evidence that was found on her.

The day after K.C. went to ACPD, a felony warrant was issued for Cruz, a then-30-year-old Woodbridge resident and construction worker. Cruz fled to the Houston area sometime between the rape and December 2010, when he was convicted in Texas on charges of criminal mischief and evading arrest and detention charges under a different name, according to court records. At the time, local law enforcement apparently did not know he was a wanted man in Virginia.

Struggling to find Cruz in the months after the rape, detectives in Arlington requested the public’s assistance in a press release dated Nov. 6, 2009.

Without any leads as to his whereabouts, the case in Arlington eventually went cold. It was reassigned in late 2015 to the U.S. Marshals Service, which worked with Immigration and Customs Enforcement officers to locate him, according to a press release from ICE.

The two law enforcement agencies found Cruz — who was on Virginia’s Most Wanted List, according to the article — living in Houston under the alias of Anthony Sanchez. He was arrested without incident in March 2016.

Court records note that Cruz was a serial offender, with a 2009 larceny conviction and an arrest for soliciting a prostitute. ICE officers also connected him to a sex offense against a minor in 2012 in Houston, under his alias of Anthony Sanchez. He was convicted of indecent sexual contact with a child in Texas in 2017, according to court records.

After an Arlington grand jury indicted Cruz in 2020, multiple trial dates were set and then withdrawn, including one instance said to be due to staffing changes within the defender’s office that his attorneys argued would hurt his case.

Jury convicts man of 2019 Rosslyn stabbing spree

By Jo DeVoe
Wondwossen Kassu in 2019 (courtesy of ACPD)

(Updated at 11 a.m.) An Arlington County jury found a 43-year-old man guilty of stabbing three people in Rosslyn three years ago.

Wondwossen Kassu stabbed two men sitting at a table inside Gateway Park in May 2019 and a third man walking by. The jury convicted him on three counts of malicious wounding.

Kassu is scheduled to be sentenced on May 6 in the Arlington County Circuit Court. Malicious wounding is a felony that carries a minimum prison sentence of five years and a maximum of 20 years.

“This was a tough case, but my office will never shy away from prosecuting such acts of violence,” said Commonwealth’s Attorney Parisa Dehghani-Tafti, in a statement. “We are grateful for the jury’s verdict, and we were happy to provide some measure of closure to the victims.”

On May 21, 2019, Kassu approached two men sitting at a table inside the park and began talking to them, according to the 2019 police report. Then, he stabbed them and a third man who happened to be nearby.

Two of the victims were able to flee and get help. All three required hospitalization, but survived the attacks.

More on the crime from an Arlington County Police Department press release at the time:

At approximately 9:27 p.m. on May 21, police responded to the report of multiple stabbings in Gateway Park located at 1300 Lee Highway. Upon arrival, officers located the suspect and took him into custody without incident. During the course of the investigation, officers located three male victims suffering from lacerations. The victims were transported to area hospitals and all are reported in stable condition.

Based on the preliminary investigation, it appears two of the victims were sitting at a table inside Gateway Park when the suspect approached them and initiated a conversation before producing a knife and stabbing the victims. The third victim was walking in the area when he came upon the initial assault. The suspect then turned his attention towards the third victim and stabbed him as well. Two victims were able to leave the scene to seek assistance. They were located by responding officers in the 1900 block of Fort Myer Drive and the 1800 block of N. Nash Street.

Dehghani-Tafti, elected as the top prosecutor for Arlington and Falls Church on a criminal justice reform platform, has faced some local skepticism — culminating in a recall campaign organized by a Northern Virginia political group last year — about whether she is sufficiently tough on crime. Dehghani-Tafti’s office started sending press releases about major convictions earlier this year.

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