Rogue Prosecutor Steve Descano Drops Case Towards Prison Who Crashed Automotive Into Household’s Minivan

It was solely a matter of time till actuality caught up with rogue prosecutor Steve Descano, the commonwealth’s lawyer in Fairfax County, Virginia, whose election was backed by liberal financier George Soros.   

We warned readers two years in the past that Descano’s pro-criminal, anti-victim insurance policies have been going to destabilize the security and safety of Fairfax County, a beforehand peaceable suburb of the nation’s capital.

Not solely has Descano refused to prosecute most misdemeanors in Fairfax County and lower a sweetheart cope with a baby molester, he has been caught red-handed utilizing Sign, an end-to-end encrypted software program utility, to keep away from state freedom of knowledge legal guidelines. 

In a brand new bombshell, Descano has dropped the case towards a profession legal who almost killed a soccer mother and her three kids in a brazen act of street rage on Mom’s Day in 2020. Descano’s workplace had dragged the case out for years solely to inform the spouse and mom that prosecutors have been dropping probably the most critical cost towards William Francisco Rivas, the person who plowed his automobile into her minivan.

This even if Rivas’ personal automobile flipped after ramming her minivan, totaling it, and he then fled. One of many lady’s three kids was injured within the crash, and quite a few witnesses watched in horror as Rivas appeared to deliberately T-bone the household’s minivan for no obvious cause.

The crumpled aspect of the household minivan after a person steered his automobile into the bigger car on the Capital Beltway. (Photograph: Particular to The Each day Sign)

Disclosure: The soccer mother decribed on this article is said to one of many writers of this commentary, however doesn’t want her title for use.

Nothing thus far has occurred legally to Descano, who has engaged in such outrageous actions as one in all Soros’ rogue prosecutors throughout the nation. However which will change quickly, because the media is catching on to the Fairfax County commonwealth’s lawyer’s abuse of workplace and the way his insurance policies and actions are harming the group.

As we wrote two years in the past, Descano unseated a profession prosecutor within the 2019 election for Fairfax commonwealth’s lawyer, primarily as a result of his marketing campaign obtained $392,000 from Soros or Soros-affiliated PACs. That whole amounted to 72% of all cash Descano had obtained at that time within the election cycle, The Washington Put up reported.

Right here’s what occurred in his workplace’s dealing with of the Rivas case:

After celebrating Mom’s Day together with her personal mom and household, the soccer mother was driving dwelling together with her three children and Labrador retriever pet on the high-speed Capital Beltway that rings Washington, D.C., when Rivas, a convicted drunk driver, started using her bumper to get her to maneuver out of the quick lane. 

The soccer mother, nonetheless, was within the quick lane as a result of she was going to take an exit from the left lane. Rivas grew to become enraged, pulled up on her proper, and turned his steering wheel forwards and backwards in a threatening method, police mentioned. One of many lady’s three kids, sitting behind the minivan, informed her mother that the opposite driver was “performing loopy.” 

Then, after locking eyes with the mother, Rivas gritted his tooth and violently whipped his steering wheel to the left, T-boning the household’s minivan whereas every car was touring over 65 miles per hour. Earlier than his automobile struck their van, the mother yelled to her kids, “Maintain on!”

The left entrance quarter panel of Rivas’ automobile smashed into the fitting passenger door of the minivan, gashing a gap within the body and inflicting the window to blow up, which propelled glass into the automobile. The drive of the crash made the minivan careen left and proper throughout all lanes of the Beltway towards a Jersey wall, because the legal’s automobile flew into the air and turned the wrong way up. 

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Miraculously, the soccer mother someway was in a position to stop her minivan from flipping too, though the drive of the collision jerked it sideways. She barely maintained management as she fought the steering wheel to maintain her household from dying. Amazingly, no different automobile was struck.

Rivas emerged from his upside-down automobile, climbed throughout the Jersey wall within the freeway median, sprinted throughout all lanes of site visitors (barely avoiding being struck by oncoming site visitors), and went on to evade legislation enforcement for almost eight hours. Site visitors on the Beltway got here to a halt. 

Fairfax County police, with the help of a helicopter, ultimately situated Rivas and arrested him on a number of counts of malicious wounding, leaving the scene of an accident, and extra. 

Police interviewed the soccer mother, her kids, and quite a few witnesses who have been in automobiles behind the mayhem.  One of many children was lower by glass and all of them have been terribly shaken, however by the grace of God no critical accidents occurred.  Paramedics handled the oldest daughter, 17, on the scene for a painful shoulder, however she wished to go dwelling together with her mother.

It was clear to everybody concerned that Rivas had assaulted this household on objective. Witnesses informed police that they by no means earlier than had seen something like this.

If ever there have been an open-and-shut case, this was it.

Enter Commonwealth’s Lawyer Steve Descano, who, since his election, has employed legal protection legal professionals and public defenders to proceed their legal protection work whereas enjoying the function of prosecutors.

The primary signal of hassle on this case was a complete lack of communication by the prosecutors. No sufferer witness coordinator referred to as the soccer mother. No assistant commonwealth’s lawyer assigned to the case referred to as her both, a lot much less interviewed her. 

The mom ultimately referred to as the prosecutor’s workplace, solely to be handled rudely by a secretary, who mentioned she couldn’t assist or give out any details about the case.

Later, when the soccer mother once more referred to as concerning the case and talked to a prosecutor, she was informed that Rivas had been launched from custody. When she requested why, she wasn’t given a solution. When she requested why she wasn’t knowledgeable concerning the bail listening to, she says, the prosecutor had nothing to say.

The mom did be taught that Rivas had been charged with 4 counts of malicious wounding, a critical felony below Virginia legislation, amongst different fees. Upon conviction, he confronted a sentence of 20 years to life and a positive of as much as $100,000. 

Virginia, like most states, has a statute on the rights of crime victims and witnesses. Situated at 19.2-11.01, this legislation requires a prosecutor to deal with victims of crime “with dignity, respect and sensitivity.”

The legislation additionally requires that crime victims have the chance to be heard and be supplied with: a standardized kind itemizing all of their rights; a contact within the prosecutor’s workplace with the title, deal with, and phone variety of the particular person dealing with the case; data concerning the fitting to file a declare for compensation; advance notification of judicial proceedings and modifications to court docket dates; discover ought to the defendant be launched or discharged from jail; the fitting to organize a sufferer affect assertion; and extra. 

Regardless of that legislation, a 12 months handed during which no data went from Descano’s workplace to the soccer mother. In the meantime, her youthful children have been scared that the person who tried to kill them on the freeway would come to their home to complete the job. She assured them that they have been secure, like all good mother would.

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At a preliminary listening to, a newly assigned prosecutor didn’t know the details of the case, didn’t know that the mom’s minivan had been totaled, hadn’t reviewed images of the crime scene, and hadn’t interviewed any witnesses but

When the soccer mother took the stand and informed the decide what occurred to her and her kids, and what the defendant did, the decide was impressed, particularly when he discovered that the soccer mother had been a profession prosecutor herself and had devoted her life to serving to kids. The decide sure the case over for a felony trial.

However final week, two-and-a-half years after the crime, a brand new prosecutor—apparently the fourth on the Rivas case—referred to as to tell the mom that Descano’s workplace had determined to drop the costs of malicious wounding and provide the profession legal a  plea deal on a cost of hit-and-run. (Throughout this time, the soccer mother hadn’t been contacted by a sufferer witness coordinator or in any approach been up to date on the case.)

All the brand new prosecutor wished to know was whether or not the soccer mother wanted restitution. This prosecutor additionally didn’t know that the mom’s minivan had been totaled within the Beltway collision.    

Flabbergasted, the soccer mother requested why prosecutors have been dismissing the malicious wounding fees and providing Rivas a plea to a cost the place he may get probation.

The prosecutor, comparatively new to the workplace and a legal protection lawyer for a lot of her profession, responded: “As a result of it’s a he-said, she-said case, and there’s no strategy to show the case.” 

The soccer mother, sporting her former prosecutor’s hat, responded that there have been quite a few eyewitnesses, together with herself, her kids, and different drivers; that the forensic proof alone would present the crash was no mere accident; that the defendant fled the scene; that beer bottles have been discovered inside and outdoors his automobile; that when caught, he lied, saying he wasn’t the motive force; and that when a jury heard her testify and came upon she was an eyewitness and a former prosecutor who gave a constant account of what occurred, they’d consider her and her kids.

Descano’s new prosecutor responded by saying: “Oh, we might by no means let the jury know that you just have been a prosecutor. That might prejudice the defendant.”

Rivas had informed police it was an accident, the brand new prosecutor mentioned, and “it’s simply your phrase towards his and we will’t show the case.” 

The mother identified that Rivas would wish to take the stand in his personal protection to inform the jury it was an accident. As a profession legal, she famous, he won’t need to try this and expose himself to cross-examination about his legal historical past, clarify why he fled, and commit perjury. 

Descano’s deputy defined to the mom that Rivas wouldn’t must testify—a reality any first-year legislation scholar is aware of. However from a sensible perspective, the soccer mother replied, that was the one approach for the jury to listen to the defendant’s declare that it was an accident. Nonetheless, Descano’s deputy informed her, no proof advised that this profession legal had any intent to maliciously wound the lady or her three kids.

Descano’s deputy wasn’t accustomed to Rivas’ legal document and didn’t know, a lot much less attempt to discover out, about his out-of-state convictions. The soccer mother informed the prosecutor that she had been knowledgeable that Rivas had a conviction for drunk driving, however the prosecutor insisted that he didn’t.

The prosecutor didn’t even know that after the Mom’s Day street rage incident in 2020, Rivas was charged in Maryland with leaving the scene of one other accident involving bodily harm. 

His legal document in Maryland and the District of Columbia contains:

  • 7/18/10 (offense date); Maryland; driving drunk. Responsible 12/1/10. Awarded probation earlier than judgment.
  • 1/18/13 (offense date); Maryland; possession of unlawful medicine and drug paraphernalia. Positioned on STET docket 5/7/13.
  • 6/14/13 (offense date); Washington, D.C.; working a car on suspended license.  Agreed to finish driver diversion class. Accomplished class 8/5/13. 
  • 6/16/19 (offense date); Maryland; driving whereas impaired.  Responsible 3/2/20.
  • 10/17/20 (offense date); Maryland; driving with out a license; failure to cease car at scene of accident involving bodily harm.
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When the mother requested concerning the standing of the instances towards Rivas involving her three kids (which, below Virginia legislation, have been separate instances), Descano’s deputy casually knowledgeable her that these three instances had been “nol-prossed.” 

Astounded, the mother mentioned: “So that you dropped the case [involving] my children?” 

Descano’s deputy, maybe pondering she knew extra concerning the legislation than a profession prosecutor, mentioned: “Oh no, they have been nol-prossed, they weren’t dismissed.” 

The mother responded: “It’s the identical factor, primarily.”

Which it’s. Nolle prosequi, a Latin phrase, means “will now not prosecute.”

On a second name days later, Descano’s deputy referred to as the soccer mother to inform her that the case towards Rivas involving her children had not been dismissed. The deputy then requested the soccer mother what she thought the utmost sentence needs to be within the occasion of Rivas’ conviction.

The indictment included 4 counts of aggravated malicious wounding, the prosecutor mentioned, however added that the “defendant’s document shouldn’t be one in all observe, and he has no conviction for drunk driving.” 

If Rivas have been convicted of hit and run, she mentioned, he most likely would get between no time and 6 months, although the utmost sentence is 5 years.  After the soccer mother and the prosecutor mentioned the sentencing scheme in Virginia primarily based on these fees, the soccer mother mentioned she thought Rivas deserved as much as 5 years in jail. 

But a evaluation of docket for Fairfax County’s Juvenile and Home Relations District Court docket reveals that the Rivas case involving the soccer mother’s kids and fees of tried illegal wounding was nol-prossed on July 30, 2021.

After this second telephone phone dialog with the prosecutor, the soccer mother referred to as again to let her know that Rivas had legal convictions, together with drunk driving, in Maryland and the District. The prosecutor replied that she “didn’t have entry to legal data” in these jurisdictions.

As former prosecutors, although, we all know that every one prosecutors have entry to the Nationwide Crime Info Heart, or NCIS, and different databases throughout the nation that present an individual’s legal historical past. 

To this point, the soccer mother hasn’t heard again from one in all Descano’s prosecutors. She doesn’t know whether or not the prosecutor she spoke with reconsidered the plea cope with Rivas, given his legal document. 

The underside line is that Descano’s workplace assigned a prosecutor who couldn’t be bothered to be taught the essential details of the case and was keen to enter right into a woefully insufficient plea cope with a profession legal who nearly killed 4 individuals after which fled the scene. 

The unhappy actuality is that the Fairfax County Commonwealth’s Lawyer’s Workplace regularly drops rock-solid instances corresponding to this. 

That’s a part of the playbook of the rogue prosecutor motion:  Criminals are victims; police are the enemy; the actual victims are ignored.

The soccer mother described on this commentary is a relative of one of many writers and wished to stay nameless.

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