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Virginia Attorney General shares findings on alleged misconduct by Fairfax prosecutor

Virginia Attorney General shares findings on alleged misconduct by Fairfax prosecutor

Virginia AG Investigates Fairfax Prosecutor Over Handling of Abduction Case

Virginia Attorney General Jason Miyares recently released a report alleging significant breaches of public policy by Fairfax County Federal Attorney Steve Descano. This accusation comes amid concerns regarding Descano’s management of criminal cases, including incidents at Fair Oaks Mall located near Dulles International Airport.

In a troubling incident, a man named Caceres Jardin reportedly abducted a three-year-old girl who had become separated from her parents in the mall’s playground. The girl’s guardians found her after Jardin had taken her to another level of the mall.

Virginia Governor Glenn Youngkin openly criticized Fairfax officials and requested that Miyares examine how Jardin’s case was handled. Jardin, who had just been released from prison, has faced 30 charges since 2016. Some reports suggest that Descano previously dismissed two charges of “malicious injuries” against Jardin last year.

Surveillance footage allegedly captured a 26-year-old man taking a child from the play area of the mall. The handling of this case has raised questions, especially following criticism towards Descano related to a separate assault incident on the W&OD trail, where the suspect had a history of sexual offenses and had recently been released from custody.

In 2022, the Herndon police chief indicated that other attacks attributed to this suspect were also potentially mishandled. According to reports, Descano’s office downgraded a serious felony charge, turning it into a misdemeanor for a suspect who allegedly attacked an officer.

Miyares emphasized that “justice is not an option,” asserting that the law should be upheld firmly. He accused Descano of betraying the community by failing to protect the victims he swore to defend. “The prosecutor’s discretion has turned into a weaponized incompetence,” said a former official running for reelection.

In his findings, Miyares pointed out that Descano has implemented policies that circumvent mandatory minimum sentences for serious offenses and has allowed leniencies for repeat offenders regarding bail.

The report reveals potential violations of the state constitution by Descano, threatening the rights guaranteed under the law. Miyares specifically cited concerns regarding adherence to Brady and Discovery Violations, emphasizing the necessity of presenting exculpatory evidence to the defense.

As of now, the Descano office has not provided any comment in response to the allegations raised by Miyares.

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