Virginia AG says Dem prosecutor’s ‘weaponized incompetence’ ducked trans bathroom cases

Virginia Attorney General Jason Miyares released a 33-page report on Friday chronicling what he said were systemic violations of public policy and trust by Fairfax County Commonwealth’s Attorney Steve Descano, including in a major case involving a sex offender who identified as transgender. 

Descano, an elected Democrat, has been under fire for purportedly lax prosecutorial discretion, including in cases involving transgender people and most recently an abduction by a repeat offender at the Fair Oaks Mall near John Foster Dulles International Airport.

In that case, Caceres Jaldin allegedly scooped up a 3-year-old girl who got separated from her parents at the mall’s playground, before the guardians caught up with him on another floor of the complex.

Virginia Gov. Glenn Youngkin lambasted Fairfax officials and separately asked Miyares to investigate their handling of Jaldin, who had just been released from prison. Jaldin has been charged in 30 instances since 2016, according to local outlet FairfaxNow, which also reported Descano dropped two charges of “malicious wounding” last year.

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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.

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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 – and laid out several cases.

One case involved convicted sex offender Richard Cox, who recently identified as transgender in an indecent exposure case. Cox has had repeated run-ins with police in Arlington and Fairfax dating back to 1992, when Cox was charged with “indecent liberties with a child.”

In 2006, Cox was barred from a public library after accessing the internet without authorization and lingering in the children’s section with a laptop. Police later seized a computer from the van Cox was living in and found a folder labeled “CP” that contained child pornography.

Fast-forward to Descano’s tenure: as Cox neared the end of probation in 2023, a probation officer warned Cox to continue following probation orders and avoid libraries, community centers and similar places.

Cox later cited “residence instability” in a dispute with the probation officer over compliance with sex offender registration requirements. Cox also told the officer that changing gender presentation could complicate supervision and create risks under probation rules.

In a subsequent court filing, Cox identified as transgender and accused the victim of “anti-trans discrimination.”

Descano’s office then declined to participate in the prosecution and the indecent exposure charge was later dropped.

Miyares noted that the gym is located in the same building as a children’s indoor playground attraction, and that loitering within 100 feet of such a facility violates Cox’s terms.

While Cox was jailed in neighboring Arlington County, Miyares slammed Descano for failing to prosecute Cox in the proper jurisdiction and shared several quotations from local Democratic lawmakers questioning how the Cox case panned out.

“If my family was in a changing room, I wouldn’t want them to be exposed to that kind of situation…And I think we have a duty to make sure that people aren’t exposed to, especially on a regular basis, for God’s sake,” said Virginia Senate Majority Leader Scott Surovell, D-Mount Vernon.

The overarching 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.”

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.