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Prince William County Commonwealth Attorney Amy Ashworth (Photo: Mike Beaty)

In a letter addressed to the Chair and the Supervisors of Prince William County, Commonwealth’s Attorney Amy Ashworth outlined her intention to withhold prosecution of certain misdemeanor charges, effective May 1, 2024, if county leaders don’t give her more employees.

According to the letter, the Prince William County Prosecutor’s Office is operating with 26 fewer positions than required.  A recent time study showed the office has a deficit of seven attorneys and 19 administrative staff, Ashworth wrote.

On April 18, 2024, supervisors voted in a straw poll and decided to fund an additional four attorneys and four administrative staff for Ashworth’s office. Ashworth asked for 16 new people and asserted that the office cannot sustain its current level of service and must take steps to reduce the caseload. As it stands, Ashworth is set to receive $13 million from the county government to operate her office for the coming fiscal year, starting July 1, 2024. The figure does not include funding from Manassas and Manassas Park cities, for which Ashworth also prosecutes criminal cases.

In response to the straw poll, Ashworth wrote supervisors and listed a series of Class 1 and 2 misdemeanors to which she may no longer assign a prosecutor, including petit larceny, shoplifting, narcotic charges, underage alcohol offenses, disorderly conduct, obstruction of justice, escapes, obscenity, false identification and false report to police, destruction of property, trespassing, reckless driving (unless fatal), and all traffic and operator license misdemeanors.

The Prince William Board of County Supervisors is set to approve its entire FY 2025 budget tomorrow.

“The bottom line is that this office was not properly staffed and funded for decades as the County grew up around us,” Ashworth wrote in an email to Potomac Local. “The time study was able to finally give us a clear staffing standard across the state for all prosecutor’s offices.”

Ashworth, a Democrat, was re-elected to office in November 2023 and is in the first year of her second four-year term.

“The Commonwealth of Virginia does not fund prosecution of misdemeanor cases – only felonies. In smaller jurisdictions, it is easier for the prosecutor to just handle all the misdemeanors as well. However, other large jurisdictions do not handle all of the misdemeanors as [Prince William County] does,” Ashworth adds.

Acknowledging the impact of this decision, Ashworth emphasized the need to focus limited resources on misdemeanors deemed most critical, such as DUI, weapon offenses, and violent crime.

Ashworth’s threats to cut prosecutorial services garnered a quick response from supervisors.

“She claims her predecessor understaffed his office. I don’t recall anyone claiming Paul Ebert [Ashworth’s predecessor] didn’t prosecute enough. The question is efficiency. If Fairfax can do more with less, why can’t she?” asked Gainesville District Supervisor Bob Wier.

During a presentation earlier this month, Ashworth told the Board of County Supervisors that of her 54 office employees, 29 were prosecutors when she took over from her predecessor Paul Ebert, Virginia’s longest-serving prosecutor from 1968 until his retirement in 2019. Since that time dozens of full-time positions have been added to the Commonwealth Attorney’s office, resulting in nearly 80 employees.

“By supporting eight new positions in FY25, in addition to fulfilling the three-year staffing plan introduced by Ms. Ashworth in 2021, I am confident that this Board has provided the Office of the Commonwealth’s Attorney with the necessary resources to fulfill its prosecutorial duties to our residents,” said Occoquan District Supervisor Kenny Boddye. “These new positions will make our Commonwealth’s Attorney office the largest in Virginia, eclipsing even the staffing levels of Fairfax County, which serves more than two times as many residents.”

Since she took over, the Board of County Supervisors has increased funding for her office by $6.4 million and added 32 employees. This represents a cumulative percentage increase of about 93.5% over five years. All the while, Ashworth is pursuing fewer cases than her predecessor, choosing to indict 75 felonies on average per month compared to the 350-per-month average Ebert pursued.

Despite Ashworth having successfully lobbied to increase her office budget to the largest it has ever been in county history, she has the fewest average prosecutions of her predecessors. Meanwhile, the county’s murder rate has doubled, and violent crime increased by 70% since 2019.

In a letter to constituents, Coles District Supervisor Yesli Vega called Ashworth’s letter a “dangerous temper tantrum” describing it as “a stain on the Commonwealth’s Attorney’s office and unbecoming of an elected official.” She also questioned how a 2% increase in caseload could represent a $2 million budget request.

Both Weir and Vega pointed to neighboring Fairfax County, which cut misdemeanor prosecutions and has subsequently seen a rise in overall crime, with Vega rhetorically asking, “How has that worked out for them?”

In addition to the potential for increased crime in Prince William, the change would also increase the workload of Prince William County Police officers. In her letter, Ashworth clarified that while her office will no longer prosecute these offenses, the burden of prosecution will shift to the arresting police officer, who must handle traditional prosecutor duties such as subpoenaing witnesses, answering discovery, and presenting evidence in court.

“There will be an additional burden on the department in that we will need to train officers on how to do the legal courtroom work traditionally done by the Commonwealth Attorney’s Office,” said Prince William County Police Chief Peter Newsham. “This will also likely result in officers spending more time in court and less time in the community.”

Newsham added that there likely would be a “negative impact on conviction rates during the learning curve.” adding, “Our officers are committed, dedicated, and professional, but they are not lawyers.”

“I don’t think this board responds well to threats and Prince William County does not have an unlimited source of revenue,” Weir added when asked if Ashworth’s threats would lead to him consider changing his vote. “We’re growing the government at a level that is unsustainable given the revenues.”

The Board of County Supervisors meets at 7:30 p.m. Tuesday, April 23, 2024, at the McCoart County Government Building, 1 County Complex Court in Woodbridge. The meeting is open to the public and will be streamed online.

Alan Gloss is a freelance reporter for Potomac Local News.

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Law Day Art Contest 2023 winners

Prince William County Circuit Court Clerk Jacqueline Smith, Esq. called for student artwork from students in Prince William County, Manassas, and Manassas Park cities.

Read more in a press release from the Circuit Court Clerk’s Office:

The Clerk is celebrating Law Day with her 4th Annual Artwork Contest. The contest is open to all local students in grades 1st – 12th enrolled for the 2023-2024 school year, including private, home, and public schools.

The Clerk encourages all students to embark on illustrating the theme, “Voices of Democracy.” The deadline to submit artwork is Wednesday, April 24, 2024.

Law Day is celebrated every year in the month of May since its inception by President Eisenhower in 1958 to increase awareness about the role of law in a free society.

This year, “Americans will address fundamental questions about democracy and the rule of law” through the United States’ presidential election. Interweaving the ideals of civics and democracy, the American Bar Association developed the Law Day theme, “Voices of Democracy”.

To incorporate these ideas, the Clerk’s 4th Annual Law Day Art Contest is intended to be an exciting and educational way for students (1st-12th) and their respective schools to illustrate civil discourse, participation and fair elections in a free society within the theme “Voices of Democracy” in a creative way. The presentation of artwork and award announcements will be made at the Clerk of Circuit Court’s Law Day Ceremony and Open House, TBD.

For Artwork Entry Rules and Information, please click here.

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McGriff

The Prince William County Commonwealth’s Attorney, Amy Ashworth, has announced the successful prosecution of Isaiah McGriff in connection with the July 2022 murder of a woman in Woodbridge. On March 12, 2024, a Prince William County jury found McGriff guilty of second-degree murder and use of a firearm in the commission of a felony. The case, Commonwealth of Virginia v. Isaiah McGriff, was prosecuted by Senior Assistant Commonwealth Attorneys Kathleen Bilton and Dircia Schubert.

On July 1, 2022, police responded to a shooting at 13990 Jefferson Davis Hwy (Longview 7-Eleven) in Prince William County, where they discovered the victim, Claudia Morataya, deceased from an apparent gunshot wound to the abdomen. An investigation revealed that Isaiah McGriff, the defendant, was present outside the 7-Eleven that night, along with the victim and others, drinking and socializing before the shooting occurred. A verbal dispute ensued between the victim and the defendant, culminating in the victim throwing a beer bottle at McGriff. McGriff was heard making threatening remarks before later shooting the victim in nearby woods, a press release notes.

The firearm used in the homicide was recovered at a nearby apartment, where McGriff was known to stay. McGriff denied being present near the 7-Eleven during an interview with detectives, but evidence, including footage from a doorbell camera at the apartment building, placed him in the vicinity shortly after the homicide.

McGriff’s sentencing is scheduled for July 25, 2024, before a Prince William County Circuit Court Judge. Commonwealth’s Attorney Amy Ashworth expressed gratitude for the extensive investigation conducted by police detectives, which provided crucial circumstantial evidence for the case. She commended the prosecutors, Kathleen Bilton and Dircia Schubert, for their dedication in securing justice for Claudia’s murder.

McGriff had several previous charges in Prince William County before the murder, including a robbery at home in 2019, which a judge tossed out.

The Office of the Commonwealth’s Attorney also acknowledged the essential support provided by Kristen Marek, Deputy Director of the Commonwealth’s Attorney’s Victim/Witness Program, to the victim’s family. Recognition was also given to the diligent efforts of the Prince William County Police Department detectives and officers involved in the case.

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The Judicial Center for Prince William County, Manassas, and Manassas Park.

A Prince William County judge dropped a rape charge against a man accused of raping a 10-year-old girl in Dale City.

Prince William County Circuit Court Judge Carroll A. Weimer Jr. dropped the charge on March 6. The suspect, 40-year-old Bernabe Garcia of Woodbridge, was set to appear for a jury trial on the rape charge from March 18 to 21, 2024.

Prince William County Commonwealth Attorney Amy Ashworth said she had no comment on the case and emailed:

“I do not comment on cases involving juveniles alleged to have been sexually abused as I believe their privacy should be respected. Speaking generally and not specifically about any case, I will tell you that we never “drop” charges – that is not a legal term used when speaking about criminal charges. The Commonwealth may elect to nolle prose or “not prosecute” the charges at this time. This does not prevent charges from being brought back at a later date. The decision to nolle prose a case can be made by a prosecutor for a variety of reasons, such as the unavailability of key witnesses to appear at trial, the need for additional evidence or investigation by the police, the discovery of evidence inconsistent with the original charges, the need for further testing of evidence at the forensics lab, the inability of witnesses to testify, the desire of a victim to not move forward with prosecution, etc. I can assure you that the decision to nolle prose a case is not made lightly and is done in consultation with the victim and the police.”

It’s the second time Ashworth has declined to comment in as many months. Last month, Ashworth refused to comment on The arrest of Jose Rafael Lizama, a 47-year-old resident of Manassas Park, charged in the death of Justin Burns, who was struck and killed while walking near the Old Town Sports Pub in Downtown Manassas on December 2, 2023.

Police arrested Lizama immediately following the crash on December 2, 2023, when he was arrested for driving while intoxicated. Astonishingly, he was released the next day on a personal recognizance.

Police arrested Lizama a second time on February 2, 2024, when Lizama, this time facing charges of involuntary manslaughter in connection to Burns’ death. However, Lizama was released on February 5, 2024, upon posting a $5,000 secured bond.

For the rape case, police charged Garcia On February 16, 2023, when detectives with the Prince William County Police Special Victims Bureau concluded an investigation into a sexual assault that was reported to have occurred at a home in Dale City on January 16 and February 12, 2023. The investigation revealed the female victim, who was under the age of 10 at the time of the offenses, was sexually assaulted by the accused on more than one occasion, police said.

Police said Garcia knew his victim. The victim reported the incident to a family member, who contacted the police, prompting the investigation.

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Prince William County Circuit Court Clerk: On February 14, 2024, the Clerk of the Circuit Court, Jacqueline Smith, administered 23 wedding ceremonies at her 6th Annual Valentine’s Day Wedding Bash, hosted at the ARTfactory in downtown Manassas.

The location provided a unique and picturesque setting for couples to say, ‘I do.’ The building, a local creative arts hub, offered a modern-rustic setting for couples to exchange vows.

Couples walked down an aisle lined with rose petals, which led to a floral arch where their marriage was officially pronounced and sealed with a kiss. They then received photo booth services, individual wedding cookies, and gift bags filled with goodies.

With the help and contributions of the local businesses, the Clerk’s 6th Annual Valentine’s Day Bash was a great success and made a lasting impression on everyone who attended.

A full list of the local businesses is available on the clerks social media accounts, @PWCCircuitCourt. For information about the Circuit Court Clerk’s services, including marriage licenses and civil celebrant services, please visit pwcva.gov/department/circuit-court.

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The Prince William County Circuit Court Clerk: “Circuit Court Clerk Jacqueline Smith is planning civil celebrant weddings and vow renewals for her 6th Annual Valentine’s Day Bash. Couples can exchange vows in an intimate ceremony surrounded by friends and family on February 14, 2024, at the Art Factory, a contemporary art hub located in the refurbished historic Hopkins Candy Factory building in downtown Manassas, Virginia.”

“Every year, Clerk Smith hosts a Valentine’s Day Bash to provide couples with special civil celebrant ceremonies. The Bash is intended to be a full day of elegant courthouse-style weddings and vow renewals. Clerk Smith’s annual Valentine’s Day Bash brings together couples and the community to celebrate love.”

“It worked out that [the Clerk’s 2023 Valentine’s Day Bash] was happening on a special day for us, the anniversary of our first date, and when we could celebrate with our family,” said one couple. At last year’s celebration, couples renewed their vows after 15 to 40 years of marriage, and some read handwritten vows in adoration of their partners, which made the occasion unforgettable.”

“All couples are welcome! To schedule your marriage license application and ceremony at the Clerk’s 2024 Valentine’s Day Bash, please contact the Circuit Court Clerk’s Office at 703-792-6015 or email [email protected].”

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The Judicial Center for Prince William County, Manassas, and Manassas Park.

Prince William County Office of the Commonwealth’s Attorney: “Prince William County Commonwealth’s Attorney Amy Ashworth announces the successful prosecution of Jacob Belotti arising from the February 2018 death of Dustin Lueker in Haymarket, Virginia. Mr. Belotti pled not guilty to three charges and after a three-day jury trial, was convicted of Felony Murder and Distribution of a Schedule I/II Controlled Substance.”

“On the afternoon of Sunday, February 25, 2018, Prince William County Fire and Rescue and Police responded to Youngs Drive in Haymarket for a 911 call regarding an unresponsive individual. Dustin Lueker was found dead on the living room floor of Mr. Belotti’s residence. Mr. Belotti claimed the two had consumed alcohol and gone to bed the day before and that when he awoke, his friend was dead. One eyewitness later came forward to challenge Mr. Belotti’s version of events and eventually police determined that multiple individuals had partied with Belotti and Lueker, initially at Mr. Lueker’s apartment and then at Mr. Belotti’s house.”

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