A House Judiciary Subcommittee hearing devolved into chaos Thursday as a North Carolina lawmaker demanded Fairfax County Commonwealth's Attorney Stephen Descano "be quiet" while the prosecutor was reamed out over cases including the alleged rape of a 4-year-old girl by an illegal Guatemalan national.
Descano and Sheriff Stacey Ann Kincaid, a fellow Democrat accused of lax enforcement involving illegal immigrant suspects, sparred with lawmakers during the hearing as many invoked the prosecutor's written policy and campaign pledge to account for immigration-related "consequences" in prosecutorial discretion decisions.
Descano, however, objected to characterizations of the policy from Rep. Brad Knott, R-N.C., and later Rep. Brandon Gill, R-Texas, who both lit into the Soros-backed attorney in charge of prosecuting crimes in Virginia's largest municipality.
Knott asked Descano if he believes he prosecutes cases in a way that defends the people of Fairfax and erupted at the attorney when he answered in the affirmative.
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"When we prosecute… we are constrained by the evidence. We're constrained by the law. And I will tell you, Congressman, you know, I think what is happening here with the number of cases that we're talking about --," Descano began before Knott became angry.
Knott recounted the case of Honduran national Hyrum Baquedano-Rodriguez - who was "caught-and-released" by an immigration judge in Eloy, Arizona, during the Biden administration - and who was later accused in a graphic case involving the 4-year-old Annandale girl.
Knott noted how the girl's mother woke up to the child screaming and appearing bruised on her buttocks and torso as the suspect "dropped" the girl and fled in what the lawmaker characterized as a potential attempted abduction.
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Knott said Fairfax County Police obtained a warrant based on evidence of attempted murder, rape, robbery or arson, which he said carries a maximum penalty of 20 years, while intent to defile a youth carried a maximum life sentence.
"Once it was handed over to your office, inexplicably so, you immediately reduced the burglary offense to a misdemeanor, which capped the sentence at 12 months. You then reduced the abduction charge to an offense that was a lower degree and capped the sentence at 10 years."
"A disgusting, perverted individual preying on children that you dismissed the case - As the father of two young girls. One of them's five. That is as shameful as anything I have seen," Knott said as Descano became angry as well:
"Please don't talk to me like I don't care about people in my community," he said, before Knott responded, calling him a "coward."
Knott, himself a former Raleigh-area prosecutor, lit into Descano over the added fact that a "liberal" judge appointed by then-Gov. Mark Warner - now a top Democratic senator - rejected Descano's plea deal.
"This was not a right-wing judge," Knott fumed as Descano attempted multiple times to interject while tensions rose.
"Overwhelming evidence," Knott said - "Can we talk about the evidence - I know it and you don't," Descano cut in.
"Quit talking!" Knott hollered. "He yanked a four-year-old girl out of her bed with the intent to harm her. And you wanted to give her a cap of two years?"
"Sir," Descano attempted.
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"[Let] me ask Mr. Miyares about this," Knott said as he turned to the former Virginia Republican attorney general seated to Descano's right, while Descano continued trying to plead his case to the Carolinian.
"Be quiet!" Knott said as he asked Miyares what happens to a suspect after a case dismissal. "He walks free," Miyares said.
Things did not improve for the Fairfax Democrat when Chairman Thomas McClintock, R-Calif., gave Rep. Brandon Gill, R-Texas, the floor next - as Gill lit into Descano over a written policy that "prosecutors shall consider the collateral immigration consequences of the specific crimes the defendant is charged with and the detrimental impact the deportation removal has on the families and communities."
Originally, Descano defended against critiques by saying an earlier reference to the policy was part of a campaign pledge, while Gill pressed him further on the issue.
Gill asked about the case of Guatemalan national Jose Cortez-Mendez, accused of "carnal knowledge" of a teenager, which Descano said essentially meant sexual contact under Virginia terminology.
"[A]n illegal alien who raped an underage American: Your office reduced those charges to a misdemeanor charge of consensual sex with a child 15 years and older. You offered him a 90-day suspended jail sentence, is that correct?"
"How did you weigh the defendant's immigration status," Gill added, with Descano replying that he was not the lead prosecutor in that case - which the lawmaker noted meant his office still was involved.
In the case of Baquedano-Rodriguez, ICE Washington Field Office Removal Operations Director Russell Hott said his agency was eventually able to arrest the suspect after Descano's failed case resulted in his release.
"Every one of his convictions represents another one of our neighbors that Baquedano-Rodriguez has victimized. ICE Washington, D.C. will continue to prioritize public safety by arresting and removing criminal alien offenders from our Washington, D.C. and Virginia communities," Hott said in a statement.
