North Carolina Lawmaker Yells 'Be Quiet' at Fairfax Prosecutor in Heated Hearing Over Child Rape Case
A House Judiciary Subcommittee hearing turned chaotic Thursday when Rep. Brad Knott, R-N.C., told Fairfax County Commonwealth's Attorney Stephen Descano to "be quiet" as he berated the prosecutor over cases including the alleged rape of a 4-year-old girl by a Guatemalan national.
Descano and Sheriff Stacey Ann Kincaid, both Democrats accused of lax enforcement against illegal immigrant suspects, clashed with lawmakers. Many cited Descano's written policy and campaign pledge to weigh immigration-related consequences in charging decisions.
Descano pushed back against Rep. Knott's and later Rep. Brandon Gill's, R-Texas, descriptions of the policy. Both Republicans attacked the Soros-backed prosecutor who handles cases in Virginia's largest jurisdiction.
Knott asked if Descano believed his prosecutions protected Fairfax residents. When Descano said yes, Knott exploded.
"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 started before Knott interrupted.
Knott detailed the case of Honduran national Hyrum Baquedano-Rodriguez. An immigration judge in Eloy, Arizona, released him during the Biden administration. He later faced charges in the Annandale girl's assault.
The girl's mother found her screaming with bruises on her buttocks and torso after the suspect dropped her and fled, Knott said, calling it a potential attempted abduction.
Fairfax County Police secured a warrant for attempted murder, rape, robbery or arson, carrying up to 20 years, plus intent to defile a youth, punishable by life. But Descano's office cut the burglary charge to a misdemeanor with a 12-month cap and lowered the abduction charge to one with a 10-year maximum.
"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.
"Please don't talk to me like I don't care about people in my community," Descano replied. Knott called him a "coward."
Knott, a former Raleigh-area prosecutor, noted a judge appointed by then-Gov. Mark Warner rejected Descano's plea deal. "This was not a right-wing judge," Knott said as Descano tried to speak.
"Overwhelming evidence," Knott continued. "Can we talk about the evidence — I know it and you don’t," Descano interjected.
"Quit talking!" Knott shouted. "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?"
Knott then asked former Virginia Attorney General Jason Miyares what happens after dismissal. "He walks free," Miyares replied.
Rep. Gill followed, targeting Descano's policy that prosecutors consider immigration consequences and deportation's impact on families and communities.
Descano called an early policy reference a campaign pledge, but Gill pressed on the case of Guatemalan national Jose Cortez-Mendez, accused of carnal knowledge of a teenager, or sexual contact in Virginia terms.
"[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?" Gill asked.
"How did you weigh the defendant’s immigration status," Gill added. Descano said he was not the lead prosecutor.
In Baquedano-Rodriguez's case, ICE Washington Field Office Removal Operations Director Russell Hott said his agency arrested the suspect after Descano's office released him.
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