crime

ABC’s 20/20 becomes latest battleground in Arlington Commonwealth’s Attorney race

By Jo DeVoe
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This past Friday, ABC true-crime show “20/20” threw a spotlight on the 1998 homicide of an Arlington woman and the acquittal of a major suspect, her then-fiancé, last year.

In “The Confession?” ABC went on a deep dive into the death of Andrea Cincotta in her Arlington apartment.

It explained how a confession 20 years later kicked off a special grand jury investigation into the person who confessed, convicted felon Bobby Joe Leonard, and his alleged accomplice, Cincotta’s fiancé James Christopher Johnson. It concludes with their indictment in 2021 and a murder trial in 2022.

Johnson, who was a primary suspect, he says he discovered Cincotta dead in the closet of the apartment they shared back in August 1998. Prosecutors alleged Johnson had hired Leonard to kill Cincotta for $5,000. Last fall, Leonard pleaded guilty and a trial jury acquitted Johnson, who had maintained his innocence.

The trial happened during the tenure of Commonwealth’s Attorney Parisa Dehghani-Tafti. As the race to elect the next Commonwealth’s Attorney heats up, candidate Josh Katcher blasted Dehghani-Tafti — who was elected on a justice reform platform — in a statement highlighting the 20/20 episode.

“My opponent once described herself as an innocence protection attorney,” he said. “It is entirely beyond me how you square that statement with this prosecution.”

For the report, Johnson gave exclusive interviews to ABC, describing how his life changed the day he says he discovered Cincotta, dead, in a closet.

“Something like this… You’re never going to be the same,” Johnson told ABC. “I used to be a lot more trusting. I trusted everyone, trusted the police, and now my eyes have been opened.”

Dehghani-Tafti told ARLnow her office prosecuted the case after Leonard — already in prison for kidnapping, raping and attempting to kill a 13-year-old girl — confessed to killing Cincotta.

When someone is killed and we have evidence we believe is credible, it’s our job to stand up for them and for the community. We knew this was going to be a tough case and we took it to the community in the form of an investigative grand jury, the community investigated and brought back indictments for both Mr. Leonard and Mr. Johnson.

Mr. Leonard pleaded guilty and received a life sentence. We litigated Mr. Johnson’s case in the most transparent, fair way we could, giving them all the evidence we had and all the evidence they needed to defend their client. We don’t run away from hard cases and hard cases are the ones that go to trial. The system worked the way it was designed to work and I respect the jury’s verdict.

The episode walks through procedural and substantive missteps Johnson and his attorneys say Arlington County Police Department made investigating the crime in 1998 — and the prosecution made bringing the case to trial in 2022.

It says police processed the crime in a way that made it harder to find fingerprints on Cincotta’s throat. They questioned Johnson for 28 hours before he broke down and said he had a “vision” of harming Cincotta. He wrote this down, didn’t ask for an attorney, and was released, as the description of what he said he did did not match Cincotta’s autopsy.

Chris Johnson during an interrogation by Arlington County Police Department (via ABC News/Twitter)

“From the onset of the investigation, the Arlington County Police Department has remained committed to pursuing justice on behalf of Andrea Cincotta and her family,” ACPD said in a statement to ARLnow. “The court proceedings are the official release of information in this case and we’ll defer to the court records for additional information presented in this case.”

Two decades after the marathon interrogation, prosecutors used the “vision” statement to show the jury that Johnson lied to throw police off. Arlington Circuit Court Judge Judith Wheat ruled the statement was admissible, the Washington Post’s Tom Jackman, who was interviewed by ABC, reported last year.

The “20/20” episode cast doubt on the validity of this evidence.

“How did this case get charged? As a lawyer, I don’t get it,” a member of the defense team, Frank Salvato, told ABC. “I think prosecutors brought this case hoping they could catch lightning in a bottle.”

Jurors, meanwhile, did not buy the argument that the men knew each other.

“You don’t hire someone to kill someone whom you’ve never met,” jury foreman Chen Ling told ABC. “And, out of all the Bobby Joe Leonard testimony, he never claimed that they met. I feel like that was, for me, the important detail that gave reasonable doubt.”

They were wary of deals struck with Leonard to hear his confession and coax him onto the stand. In exchange to confessing to Arlington cold case Detective Rosa Ortiz in 2018 — when Commonwealth’s Attorney Theo Stamos was still in charge — Leonard asked prosecutors not to seek the death penalty. Then, before he took the stand in 2022, he requested to be moved to a lower-security prison.

“We were aware that Bobby Joe Leonard was offered certain things in exchange for his testimony,” said a juror named Chris, who requested ABC withhold his last name. “It seemed to me the police were just hammering home what they took to be the case.”

But the special grand jury that initially investigated Johnson believed there was enough evidence to go to trial, points out Edward Ungvarsky, an Alexandria-based private criminal defense lawyer.

Ungvarsky tells ARLnow that this case is an example of the system working and credited Dehghani-Tafti for bringing the case to the special grand jury and sharing exculpatory information with the defense.

Prosecutors will convene special grand juries “if they are going to give the community, which is the people who comprise the grand jury, the opportunity and power to decide whether to bring charges and what charges to bring and to investigate the case,” Ungvarsky noted. “Using a special grand jury increases community empowerment and accountability in the charging, and provides greater transparency and fairness to the defendant and the defense.”

In addition, special grand juries often have higher standards than regular grand juries, which are more commonly used to indict someone. This process is transcribed and copies are given to defense lawyers before trial. Witnesses testify and jurors can ask questions.

The grand jury “was advantageous for the defense,” Ungvarsky said, adding that they also benefited from the prosecution making available to them a local expert in false confessions, former D.C. police Detective James Trainum.

Trainum said Johnson’s confession was false and advised the prosecution not to use it. Prosecutors shared his information with Johnson’s attorneys, Ungvarsky and one of Johnson’s defense attorney confirmed to ARLnow.

“In this case, there was… lots of favorable information to help the defendant help defend himself at trial, and I think that really needs to be recognize,” Ungvarsky said. “It’s proper to do so because it’s exculpatory, favorable evidence.”

Not providing favorable information, called a “Brady disclosure,” is more common, he says.

Commonwealth’s Attorney candidate Katcher, however, was more pessimistic in his reading. He says the case belies his opponent’s lack of experience.

Katcher’s full statement is below.

Real justice means only engaging in just prosecutions. The 20/20 exposé on my opponent’s decision to prosecute an innocent man for murder, highlights exactly why relevant experience matters when it comes to the Commonwealth’s Attorney’s Office.

This is not about trying ‘tough cases.’ This was about making a tough decision, and my opponent failed. Mr. Johnson will forever live as someone accused of murder.

My opponent once described herself as an innocence protection attorney. It is entirely beyond me how you square that statement with this prosecution.

The foreperson of the jury in the Johnson case asked, “Why did [the prosecution] even bother to bring the case?” My opponent owes an answer to Mr. Johnson and this community.

Man arrested for pair of buttocks slapping incidents in Courthouse

By ARLnow.com
Arlington police car outside police headquarters (file photo)

A man is in jail after a pair of alleged sexual battery incidents in the Courthouse area Sunday evening.

Both happened along Wilson Blvd and involved the 22-year-old suspect approaching women and hitting them on the buttocks, police said.

From an Arlington County Police Department crime report:

SEXUAL BATTERY, 2023-03050171, Wilson Boulevard at N. Courthouse Road. At approximately 6:47 p.m. on March 5, police were dispatched to the police station for the report of a suspicious person. Upon arrival, it was determined the female victim was walking her dog in the area when the male suspect approached her and allegedly hit her on the buttocks before fleeing the scene on foot. During the course of the investigation, it was determined a second female victim was approached by the suspect in the area of Wilson Boulevard and N. Troy Street, during which he hit her on the buttocks before fleeing the scene. A lookout was broadcast and responding officers located the suspect in the area and took him into custody without incident. [The suspect], 22, of No Fixed Address, was arrested and charged with Sexual Battery (x2). He was held without bail.

The suspect is expected in court tomorrow (Tuesday) for a bail hearing, per court records.

General Assembly requests study of loud car exhausts, advancing at least one Arlington legislative priority

By Jo DeVoe
Virginia State Capitol on Feb. 1, 2023 (staff photo)

(Updated at 4 p.m.) There seems to be bipartisan agreement among state lawmakers about at least one issue: something must be done about the popping and roaring of noisy mufflers.

On Saturday (Feb. 25), the Virginia General Assembly adjourned its 2023 winter legislative session, which some say has been too short to get vital work done. These bills will now head to Gov. Glenn Youngkin to review before March 27.

With Republicans controlling the House of Delegates and Democrats the Senate, Arlington’s all-Democratic representation introduced a laundry list of bills that failed. These ranged from one permitting same-sex marriage to increasing gun control and leveling the playing field for online news outlets like ARLnow.

Those seeking relief from cars with loud exhausts fell short of a total victory, but both the Virginia House of Delegates and the State Senate passed a version of Sen. Adam Ebbin’s bill, SB 1085, that would study the issue.

His original bill would have prohibited the sale and use of aftermarket mufflers. Now, the legislature is directing the Department of Transportation to “convene a workgroup of specified stakeholders to examine the issue of vehicle noise in the Commonwealth and to report its findings and recommendations” to the chairs of each chamber’s transportation committee by Nov. 1.

His bill follows up on last year’s reversal of a 2021 law that prevented police from pulling over drivers just for having an excessively loud exhaust system. The original law was intended to reduce pretextual traffic stops and racial disparities but might have contributed to an uptick in noise complaints.

Of all the bills filed by local legislators that ARLnow highlighted at the start of the 2023 legislative session, this was the only one to pass.

However, a slew of bills from other lawmakers did make it through, including a few notable ones listed below.

Crime

  • HB 1583 (Del. “Rip” Sullivan) makes it illegal to use drones to spy on someone, regardless of where that device is located.
  • HB 1590 (Sullivan) modernizes a harassing phone call statute that used to apply only to telephones and pagers. Now, it would be a misdemeanor to annoy or delay emergency personnel trying to do their job by causing any device to ring or signal an alert repeatedly.
  • SB 887 (Sen. Barbara Favola) requires out-of-cell programs and congregant activities for four hours a day for people in solitary confinement at the state prison, unless there is a lockdown. People in solitary confinement must receive physical and mental health evaluations and there has to be a publicly available process for restoring people to the general prison population.

Consumer protection

  • HB 1857 (Del. Elizabeth Bennett-Parker) is intended to prevent resellers from misleading ticket buyers by prohibiting them from making their website look similar to a ticket operator’s website. It also prohibits the display of trademarked or copyrighted information from an operator or a primary ticket provider without their consent.
  • SB 871 (Favola) would make it illegal for car manufacturers, factories and distributors to threaten to take away incentives from buyers or the right to participate in incentive programs.

(more…)

Court opts for restitution over sentence for man who tried to break into middle school

By Jo DeVoe
1/3

(Updated at 9:45 a.m. on 3/2/23) The man who tried to force his way into a locked-down middle school last June won’t be charged — but this clemency comes with conditions.

Alexander Sentayhu, who was charged with property destruction after he unsuccessfully tried to breach Thomas Jefferson Middle School, was given a deferred disposition rather than a sentence. That means he has a series of conditions to meet in order to have the charge dismissed.

Believing there was an active school shooter inside, he called 911 and indicated he was armed and trying to get inside to pick up his relatives, Arlington County Police Department said at the time. Sentayhu kicked the glass door, breaking it, and tried unsuccessfully to open it. He left before police arrived.

The building had been secured and locked to the outside due to a robbery at a 7-Eleven store nearby, but anxieties about school violence were heightened around this time following the mass shooting at an elementary school in Uvalde, Texas.

Sentayhu turned himself in, was charged with Destruction of Property and released on bond while the General District Court reviewed his case. He was 25 at the time of his arrest.

The outcome of Sentayhu’s case is known as a “deferred disposition,” and it is an authority is granted to the court in Virginia code, according to Commonwealth’s Attorney Parisa Dehghani-Tafti.

“He was required to fulfill conditions such as restitution and treatment, designed to ensure accountability and rehabilitation,” Dehghani-Tafti tells ARLnow.

The court reviewed his progress toward meeting these conditions during his appearance on Feb. 16 of this year.

“He successfully met those conditions and the resolution was supported by the parties involved,” she said.

Dehghani-Tafti did not elaborate as to what those conditions were.

Like probation, deferred dispositions usually come with conditions, according to an explainer by the Virginia State Crime Commission.

“In general, deferred disposition permits a court to withhold imposition of a sentence and place conditions on the defendant that, when met, allow for the charges to be dismissed,” it says. “Upon the satisfactory completion of all conditions, and if no other criminal offenses are committed during the period of deferment, the original charge may be dismissed.”

Sentayhu was previously in the news in early 2020, after he incurred steep medical costs while suffering a significant heart issue, and later after speaking at a White House press conference with Vice President Kamala Harris about the issue of medical debt.

Last week someone using an email account under Sentayhu’s name emailed ARLnow demanding that we “DELTE OR PERMANENT DELETE this FALSELY reported article ASASP,” in apparent reference to the report about his arrest. The email included a court record showing that the charge against him had been dropped.

They did not respond to emailed questions asking for his side of the story.

Convicted felon who was out on bond for weapons charges arrested for Alexandria shooting

By Jo DeVoe
1/2

A man who was arrested for a shooting in Alexandria nearly two weeks ago was released on bond in Arlington on felony weapons charges this past fall.

Arlington resident Tyayre Reynolds, 21, was arrested by officers during a traffic stop along S. Glebe Road on the evening of Friday, Feb. 10. He was later transferred to the custody of the Alexandria Police Department, according to Arlington County police.

Reynolds was wanted in Alexandria in connection with a shooting that happened there that same day, in the Arlandria neighborhood.

A 30-year-old man was shot in the upper body and suffered significant but non-life-threatening injuries in the attack, our sister site ALXnow reported. Reynolds was charged with malicious wounding, possession of a firearm by a convicted felon, and use of a firearm in the commission of a felony.

Reynolds was out on bond while awaiting trial for the weapons charges in Arlington, according to court records.

He also previously pleaded guilty in July 2022 to a misdemeanor assault charge after threatening, then shoving, an Arlington Public Safety Aide while his car was towed.

(Public Safety Aide is the term for ACPD personnel who enforce parking regulations and help with traffic control, among other responsibilities.)

Arlington County and Falls Church Commonwealth’s Attorney Parisa Dehghani-Tafti says her office argued in October for Reynolds to be held in jail for the felony gun possession charges, but he was instead released on bond by a judge.

“We objected to bond… [but] the court made the decision to release him on various conditions,” says Dehghani-Tafti. “We take serious conduct seriously.”

ARLnow requested comment from judges with the Arlington County General District Court, but did not receive a response by publication time. The Office of the Magistrate handles the initial bond decision when the police are charging someone. General District Court judges handle bond motions.

Reynolds was pulled over in the early morning hours of Oct. 20, 2022 because the car he was driving was improperly registered and he didn’t stop at a red light, police allege. He was given two traffic citations, ACPD spokeswoman Ashley Savage said. Additionally, police searched his car and found a firearm, so they arrested him on charges of being a violent felon in possession of a firearm and ammunition.

These stem from a felony conviction in Maryland. In September 2018, a then-17-year-old Reynolds was charged as an adult for assault and armed robbery of a food delivery driver in Waldorf, Southern Maryland News Net reported at the time.

Reynolds robbed the worker of $91 in cash at gunpoint, struck him with the butt of the gun, and kicked him while he was down, per the article. He kicked the delivery man in the torso and legs while he was down. Officers found a semi-automatic-style BB gun on the scene, broken in two after it was used to strike the victim.

Maryland Circuit Court records indicate he plead guilty in February 2019 and was sentenced in May 2019 to just over two years in prison.

While Reynolds is being held in Alexandria, he has a court date in Arlington General District Court on March 23. The court is checking on the status of an “evidentiary matter” for his prior felony weapon and ammunition possession case, says Dehghani-Tafti.

This July, he has a hearing on whether or not he has met the conditions of his release for the misdemeanor charge from May, the prosecutor said. Conditions usually include good behavior.

Charges that Tyayre Reynolds faces in Arlington County General District Court (via Virginia Judiciary Online Case Information System)

ALXnow reporter James Cullum contributed to this report

Arlington sees more than a third of 2022’s carjacking total in first month of 2023

By Jo DeVoe
Police on scene of a carjacking in Pentagon City (staff photo by Jay Westcott)

Carjackings appear to be rising again in Arlington and across the D.C. area.

An uptick between 2019 and 2020 spurred Arlington County Police Department to focus prevention efforts on robbery, burglary and destruction of property incidents. Increased enforcement in 2021 resulted in fewer carjackings, after ACPD made two significant carjacking arrests, per ACPD’s 2021 annual report.

“The combination of the collaboration and the education and proactive work that ACPD did reduce the carjackings and then reduced the stealing of cars in general,” said Commonwealth’s Attorney Parisa Dehghani-Tafti, who participated in a regional effort to crack down on carjackings during that time. “With that reduction, less collaboration was needed, but we are working together to make sure that we’re doing the same coordination as before with other jurisdictions.”

But now the crime — in which a person steals a victim’s car by force, threat or intimidation — seems to be ticking up again, with five carjackings in January 2023 compared to zero carjackings in January 2022 and 14 throughout the 2022 calendar year, according to stats provided by ACPD.

Meanwhile, across the river in D.C., one Arlingtonian was carjacked near Union Station and another resident’s Rolls Royce was stolen near Logan Circle, according to police reports.

Dehghani-Tafti said the social science data shows the certainty of being caught is the strongest deterrent from people committing crimes, but deterrence can be harder with carjacking.

“These can be hard crimes to solve because people get away so fast and cars change hands so quickly, they take a lot of collaboration and coordination and proactive action,” she said.

Law enforcement and the Office of the Commonwealth’s Attorney say they’re devoting more resources to combat these crimes.

ACPD spokeswoman Ashley Savage says the department “continues to deploy increased police resources, to include both visible and non-visible assets, in Crystal City and the surrounding neighborhoods to address this crime trend.”

“The Arlington County Police Department remains a member of the FBI Violent Crimes Task Force which coordinates on offenses such as carjackings,” she said. “As part of our ongoing investigative efforts into these incidents, detectives are working collaboratively with our regional law enforcement partners to share information, identify trends, apprehend suspects and hold them accountable for their actions.”

Dehghani-Tafti, meanwhile, is meeting with a division of Virginia State Police on vehicle thefts, generally.

Two units in the VSP Fairfax Division are “partnering to take a more concentrated and analytical look at vehicle thefts within the Northern Virginia region,” state police spokeswoman Corinne Geller said. “This is not uncommon for state police to do, as we consistently look for ways to address any crime patterns that develop and identify ways to strategically address and resolve them.”

Fact patterns 

Of the five reported carjackings last month in Arlington, four were in the Crystal City and Pentagon City areas — where many such incidents were concentrated during the last spree — and three involved BMWs.

“In recent cases, carjacking suspects have generally approached victims as they were inside their idling parked vehicles, brandished a firearm and demanded the victim’s keys and property,” per an Arlington police press release, sent in response to the uptick. “In some cases, the suspects approach the victim by pulling alongside them in a vehicle, which is later determined to be stolen. Reported incidents in Arlington have generally involved multiple suspects.”

While some are threatened with guns, other victims are attacked when they exit their cars.

On Jan. 27, a Columbia Pike resident was exiting his car near Union Station in D.C. to let out an Uber customer when he was attacked and the attacker drove away in his car. The victim and another driver idling behind him chased the alleged carjacker for nearly a mile. Stuck behind a dump truck, the suspect reversed the stolen car and hit the pursuing car. The duo apprehended the suspect but ultimately let go, citing fear for their safety and a growing crowd, according to a Metropolitan Police Department incident report.

The car was later returned to the owner.

Arlington police issued the following safety tips for residents in response to the recent spate of carjackings.

  • When inside your vehicle, keep your doors locked and windows up
  • Exit your vehicle and continue to your destination promptly after parking
  • Be aware of your surroundings when entering and exiting your vehicle
  • Limit your use of devices that may distract you, such as cell phones and headphones
  • Don’t leave items unattended or visible in your vehicle

One woman’s story

Some two-and-a-half years ago, then-Alexandria resident Lauren Brown was similarly attacked while waiting to turn left onto S. Glebe Road near the Harris Teeter in Potomac Yard. She told ARLnow her experience as a cautionary tale.

A group of 18-year-olds in a stolen car hit Brown. After pleading with her not to call the police — with whom she was already on the phone — they drove away. They returned, and one occupant hit her while the other got in her car and they drove away.

“It’s a really crazy thing what adrenaline does to your body,” she said. “I didn’t feel [the injury] until a few days later.”

(more…)

Crime report: Early morning stabbing and pair of assaults on police

By ARLnow.com
Arlington police car at night (file photo courtesy Kevin Wolf)

A man was stabbed inside his apartment in the Arlington Mill neighborhood early this morning.

The stabbing happened after what police described as a dispute between two people who knew each other. A 24-year-old Arlington man was subsequently arrested, charged with Malicious Wounding and held without bond.

More from the latest Arlington County Police Department crime report:

MALICIOUS WOUNDING, 2023-01230015, 5000 block of 8th Road S. At approximately 1:28 a.m. on January 23, police were dispatched to the report of a stabbing. Upon arrival, officers located the victim who had sustained serious, non-life threatening injuries and rendered aid until the arrival of medics, during which he was transported to an area hospital for treatment. Additionally, responding officers located the suspect on scene and took him into custody without incident. The investigation determined the victim and known suspect were inside the victim’s residence when they became involved in a dispute, during which the suspect allegedly struck him with a knife.

Also in today’s crime report, police detailed two alleged assaults on police officers. One happened early Saturday morning along I-395 while the other happened in the Rosslyn area Sunday evening.

From ACPD:

ASSAULT ON POLICE, 2023-01210052, I-395 South at S. Glebe Road. At approximately 3:24 a.m. on January 21, a patrol officer observed a traffic violation and conducted a traffic stop. During the course of the stop, the suspect exited the vehicle, refused to comply with the commands of officers and continued to approach the suspect vehicle and cruisers. As a result of the investigation, it was determined the suspect would be placed under arrest for Drunk in Public. As the officers attempted to take the suspect into custody, he resisted arrest and assaulted an officer. A struggle ensued and the suspect was subsequently taken into custody with the assistance of additional officers. The officer and suspect sustained minor injuries, the suspect as transported to an area hospital. [The suspect], 43, of Fort Washington, Md. was arrested and charged with Assault and Battery on Police, Obstruction of Justice and Drunk in Public.

ASSAULT ON POLICE, 2023-01220177, 1500 block of Wilson Boulevard. At approximately 5:24 p.m. on January 22, police were in the area on a separate call for service when a lookout was broadcast for a suspect in a larceny in progress. The officers observed the suspect walking in the area and took him into custody. The investigation determined the suspect entered a business, allegedly concealed merchandise in his bag and left without paying. During a search of his person and property incident to arrest, the suspect kicked an officer. [The suspect], 34, of Washington, DC, was arrested and charged with Assault and Battery on Police and Petit Larceny. He was held without bond.

Crime report: Fights lead to shot fired in apartment building, bar patron arrested in Clarendon

By ARLnow.com
Arlington police and Virginia State Police on the Clarendon nightlife detail (file photo)

Arlington County police are investigating after someone fire a gunshot at an apartment building in the Shirlington area.

The incident happened Saturday night on the road that leads from Shirlington to Fairlington, during an apparent argument inside the building. No one was hurt and police are still investigating in an effort to find a suspect.

From today’s ACPD crime report:

SHOT FIRED, 2023-01070239, 4500 block of 31st Street S. At approximately 10:07 p.m. on January 7, police were dispatched to the report of trouble unknown after receiving reports of an argument and possible shot fired inside a residential building. Responding officers located damage to the ceiling of a hallway which was consistent with the discharge of a firearm. No injuries were reported. There is no suspect description. The investigation into the circumstances of the incident is ongoing.

Also in today’s crime report, a Maryland man was arrested early this morning in the Clarendon bar district following a fight inside an establishment.

Police say the suspect left the area, returned, and then led police on a foot chase that ended in a struggle with officers and an arrest.

More from ACPD:

ASSAULT ON POLICE, 2023-01090007, 3100 block of Clarendon Boulevard. At approximately 12:19 a.m. on January 9, police were dispatched to the report of disorderly conduct. Upon arrival, it was determined a fight had occurred inside an establishment. While officers were investigating the circumstances of the incident, the suspect left the scene. A short time later, police were contacted again when the suspect returned to the area. As an officer approached the suspect to continue the investigation, he attempted to flee on foot but was stopped by another officer and a struggle ensued, during which the suspect was non-compliant, actively resisted arrested and assaulted an officer. With the assistance of additional officers, he was taken into custody. During a search of his person incident to arrest, suspected narcotics were recovered. [The suspect], 25, of Columbia, MD was arrested and charged with Obstruction of Justice, Assault on Police, Drunk in Public and Possession of Schedule I/II Controlled Substance.

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

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…)

A rash of chases by Fairfax and state police have sped through Arlington

By Jo DeVoe
Scene from a Fairfax County police chase through Arlington County (via Dave Statter/Twitter)

A number of police chases initiated outside the county have careened through Arlington this month.

An armed robbery last Tuesday at the Home Depot in Seven Corners resulted in a police chase up I-395 before the driver got stuck in traffic approaching the 14th Street Bridge and tried to escape on foot at the exit for the GW Parkway.

In another chase last week, Fairfax County police initiated a chase after a cruiser was struck in Lincolnia.

Two weeks ago, the Alexandria police department followed a car into Arlington and Virginia State Police joined the pursuit — until the driver escaped across the river into D.C. and the chase was called off.

Public safety watchdog Dave Statter keeps records of most these chases from his perch in Pentagon City. While there has been a recent mini-rash of Fairfax County-initiated pursuits, he tells ARLnow this is a less common phenomenon compared to VSP chases.

“From my experience, those two recent chases by Fairfax County Police into Arlington are more of the exception that the rule,” said Statter. “In fact, they are so infrequent I had to put in a new folder in my police video file for FCPD.”

The same night as the Lincolnia chase, Statter said state police troopers were pursuing someone, too.

“Just a few minutes earlier, VSP chased and stopped someone on I-395 N near Washington Blvd,” Statter wrote. “VSP was still working that one when the FCPD chase went by. They had a little warning from the dispatcher and a couple of troopers joined in.”

Other VSP chases through Arlington happened on Saturday and in the early hours this morning. In the early Wednesday morning chase, VSP was following a car in connection to catalytic converter thefts in Fairfax County. On Saturday, VSP was chasing a possibly stolen car.

Recent chases involving or started by VSP that went through Arlington — including those this month — concluded with the cars escaping across the Potomac River and into D.C. Often, state police abandons pursuit once the person being chased reaches the jurisdictional line.

The reason for this is that VSP has relatively loose restrictions for starting a chase, but they tighten when troopers reach state lines.

“Sworn employees may initiate a pursuit when a driver fails to stop after the sworn employee has given a lawful order to stop by activating emergency lights and/or siren,” according to Virginia State Police policy.

Anyone under pursuit for a possible misdemeanor or traffic violation is almost always in the clear if they can cross the 14th Street Bridge.

Meanwhile, Fairfax’s back-to-back chases come 13 months after the police department rolled out new, more restrictive guidance for when officers can chase suspects.

Effective September 2021, Fairfax County eliminated pursuits for misdemeanors, traffic violations and nonviolent felonies. Now, police conduct chases within Fairfax County and within Virginia for violent felonies, serious crimes with the threat or use of a firearm or explosive device, and at the authorization of a commander.

Fairfax officers join chases when they meet the department’s criteria, and officers can only pursue a car into D.C. or Maryland if the driver or passenger has attempted or is wanted for a felony crime.

Prior to the decision, Fairfax had one of the most liberal chase policies in the D.C. area, according to a police presentation from spring 2021. At the time, officials said the updated guidelines would bring the county in line with chase policies throughout the region.

“FCPD updated several pertinent policies in 2021 to further align the department with national best practices; improve officer and community safety and ensure our commitment to transparency,” according to the department’s annual crime summary for 2021. “The most significant revision included a modification to the traffic pursuit policy, which now focuses on apprehending offenders who pose the greatest risk to our community and doing so with an eye on safety.”

A comparison of police chase policies in the D.C. region (via Fairfax County)

Arlington has similar police chase policies: those wanted for relatively minor crimes are usually allowed to flee an attempted traffic stop without a chase, while violent criminals may be pursued, as happened earlier this month after an armed suspect firing shots at police was chased from Arlington to Fairfax County. Arlington’s policy follows a lawsuit nearly 40 years ago by a man who lost his legs when struck in D.C. by bank robbery suspects being chased at high speed by an ACPD officer.

(more…)

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