Fairfax County Commonwealth's Attorney Steve Descano, left; Virginia AG Jason Miyares, right. (Marvin Joseph/Getty Images; Bill O'Leary/Getty Images)
Descano also faced criticism over Fairfax’s handling of a jogger’s rape on the W&OD Trail — a popular path linking Purcellville and Washington, D.C. — after the arrested suspect was revealed to have a lengthy history of sexual assaults and had recently been released from custody.
In 2022, the police chief in Herndon – where the alleged assault also occurred – told FOX-5 that Descano’s office downgraded a felony indictment to a misdemeanor in a case relating to the man allegedly choking one of their officers.
"Justice isn’t optional," Miyares, a Republican, said Friday. "And our laws are not suggestions."
"Fairfax Commonwealth’s Attorney Steve Descano has betrayed the rule of law and the very people he swore to protect, turning prosecutorial discretion into deliberate, weaponized incompetence," said Miyares, who is running for reelection against former Del. Jerrauld "Jay" Jones, D-Norfolk.
Miyares said Descano took an oath to uphold the law and protect victims in Fairfax County — home to George Washington, George Mason, Richard Bland Lee and other historic figures.
VIRGINIA AG RELEASES FINDINGS OF INVESTIGATION INTO ROANOKE COLLEGE TRANS SWIMMER INCIDENT
In his report, Miyares took particular aim at Descano’s policy prohibiting enforcement of some mandatory minimum sentences for serious crimes, and relaxing or ignoring cash bail requirements for recidivists.
The report alleged Descano "repeatedly commit[ed] Brady and discovery violations" – with Brady referring to requirements to present known exculpatory evidence to the defense – and engaged in "raw prosecutorial incompetence."
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As for alleged violations of the state constitution, Miyares found that Descano may have violated Article I Section 8A, regarding denying crime victims all rights guaranteed in law.
Fox News Digital reached out to Descano’s office for comment but did not immediately hear back.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
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https://www.foxnews.com/politics/virginia-ag-calls-dem-prosecutors-actions-weaponized-incompetence-scathing-report