Justice Matters, Issue XI (Previously The Justice Digest)
Arlington County VA Government sent this bulletin at 04/11/2024 10:47 AM EDT
A Message from Commonwealth’s Attorney Parisa Dehghani-Tafti
Dear Friends,
As we welcome spring and implement the second term agenda, I’m pausing to appreciate my family who supports me in all facets of my life, my dedicated friends and colleagues in the Courthouse who continue to fight alongside me to create a more equitable justice system, and Arlington, the City of Falls Church -- and every person that calls these places home. When I was elected in 2019, I brought with me the goal of meaningfully reforming our criminal justice system, and I am elated at what our Office was able to accomplish in four short years. We began providing open discovery, eliminated peremptory strikes in juries, stopped asking for cash bail, helped establish the Behavioral Health Docket, expanded the use of Drug Treatment Court, conducted a free expungement clinic, and helped create and are partners with Arlington’s first restorative justice program, Restorative Arlington.
Though our criminal justice system has improved from where it was four years ago, I know that true reform is a continuous process. I am excited to continue serving Arlington and the City of Falls Church and sharing a few of the new projects our office has coming this year.
First, we have decided to rebrand this newsletter (formerly known as the Justice Digest) as Justice Matters. We believe that the new name more accurately reflects what we intend the newsletter to be - a source of meaningful information about our justice system for the Arlington community.
Second, we have upgraded our webpages to make them more intuitive, including new pages pertaining to victims and witnesses of crimes and their respective rights. I hope you find these changes helpful.
Our Office remains committed to our core value of fair and equal treatment for all, and we look forward to further demonstrating this over the next four years.
Kind regards,
Parisa Dehghani-Tafti
CASE SUMMARIES
Abuse of a Vulnerable Adult - On February 29, 2024, Carlos Rodriguez was convicted and sentenced, after having pled guilty, to one misdemeanor count of Abuse of a Vulnerable Adult, and fourteen felony counts of Abuse of a Vulnerable Adult as a Second or Subsequent Offense. Mr. Rodriguez was employed as an in-home caregiver for a young adult with intellectual disabilities, who is non-verbal, and requires assistance with all activities of daily living. The abuse was revealed to have occurred everyday that Mr. Rodriguez was employed, sometimes multiple times per day, and included punching, smothering, choking, hair pulling, arm twisting, and drugging of the victim.
Sexual Assault Conviction - On January 24, 2024, Julio Basurto was found guilty of Forcible Sodomy, two counts of Abduction with Intent to Defile, Object Sexual Penetration, and Obscenity. These charges stemmed from two separate incidents in the Clarendon area, one on October 10, 2021, and another on May 21, 2023, in which he lured two different women into his car, and sexually assaulted each of them. Mr. Basurto's sentencing date is currently set for June 21, 2024.
Malicious Wounding and Hit and Run Conviction - Willie James Clements Jr., was convicted by a jury of Aggravated Malicious Wounding and Hit and Run for throwing Maryna Kapovska from a moving car. On May 15, 2022, around 2:30 a.m., Mr. Clements picked up Ms. Kapovska from a night out in Washington, D.C. All she wanted was to come home to Arlington, and called a rideshare to pick her up. She tried the back door of Mr. Clements' car, thinking it was her rideshare, but the door was locked. Mr. Clements unlocked the door to the front seat and welcomed her in. Instead of telling her that she had the wrong car -- that he was not there to pick her up -- he drove around D.C., then to her house, then away from her house and onto Wilson Blvd., where he pushed her out of his moving car. She tumbled to the ground and sustained severe head trauma. He drove away, without slowing down.
Witnesses had seen her being pushed out of the car, came to her aid, and called the police immediately. However, the police had no leads. Dogged and innovative investigative work -- chasing down every lead and using every available technology -- the Arlington County Police Department solved the mystery of who had done this.
The prosecution team, Nassir Aboreden and Abhi Mehta, handled novel issues of law and brought the pieces of the investigation together to tell a story that, because of her severe injuries, Ms. Kapovska could not remember. Sentencing is scheduled for May 3, 2024. Mr. Clements faces up to a life sentence for the Aggravated Malicious Wounding and ten years for the Hit and Run.
Justice for a Victim of Domestic Violence - Our office made the decision to drop charges against a woman previously accused of Malicious Shooting. The decision came after a thorough review of the evidence, which led the prosecutor to conclude that the defendant was acting in self-defense as a battered woman. We argued the inadequacies of current legal provisions in Virginia, namely that the law fails to provide due process protections for victims of sustained domestic violence who fight back because they are prevented from presenting a battered spouse instruction to a jury.
Despite Virginia law not formally recognizing a battered woman syndrome defense as distinct from a self-defense claim, our Office found the evidence compelling. We believed it demonstrated that the woman had a "reasonable ground for believing there is a design to do some serious bodily harm, and imminent danger of carrying such design into immediate execution." In light of these concerns, the Commonwealth filed a motion to nolle pros (i.e. choose not to prosecute) the case, emphasizing that that the ends of justice did not warrant the continuation of the charges. This decision highlights our Office's commitment to ensuring a fair and just legal process for individuals facing charges arising from circumstances involving domestic violence.
Restorative Arlington Update - Currently, Restorative Arlington has six restorative justice cases referred by our Office. Four are felony charges and two are serious misdemeanors. All the referrals are adult cases where the victims have agreed to reach a resolution through a restorative justice process. We anticipate that three cases will close successfully by late May.
On December 14, 2023, Parisa Dehghani-Tafti, along with her deputy and assistant commonwealth’s attorneys, were sworn into office. This marks the beginning of Parisa’s second consecutive term as the Commonwealth’s Attorney for Arlington County/City of Falls Church.
The inspiring speeches given by community leaders, including Reverend Dr. Adrian V. Nelson II, Reverend Ashley Goff, Reverend Dr. DeLishia A. Davis, and Clerk of the Circuit Court Paul Ferguson, during the program highlighted the accomplishments of the Office over the past four years. Additionally, the speeches emphasized that, while the betterment of our justice system has come a long way, the process of reform is a continuous one. A sense of togetherness and community was a common theme among the speakers and was similarly highlighted in Parisa's speech where she explained its importance in creating an effective and caring office.
Commonwealth's Attorney Parisa Dehghani-Tafti speaking after being sworn-in
What is your role at the Office of the Commonwealth's Attorney?
I work as an intake paralegal. I am in charge of the first step in the case process. I receive the warrants, input the cases in our system, and also prepare the dockets for the next day.*
What is the most rewarding aspect of your position?
The most rewarding aspect of my position is the mutual appreciation and respect I share with the attorneys in this office. I help them and they help me, and it works well. When they express their happiness and gratitude for my work, I find that is the most rewarding part of my job.
Throughout your tenure, what are changes you have seen in the Office of the Commonwealth's Attorney?
On the personal side of things, my work with the prosecutors have become smoother over the years. My goal has been to be very efficient. In my years here, I have seen many prosecutors come and go. I think the Office is different now than it was when I began six years ago. Our goal as support staff is to assist the attorneys and that has not changed. Our work is crucial to the attorney's success and is reflected in their cases.
What do you enjoy doing in your free time?
My second job (laughs). I am a mother of three and a grandmother of three. For fun, I love taking long drives with my grandchildren. Though I don't really like shopping malls, I am very happy driving my grandchildren to them just for the ride. I also really love to watch TV and am a huge Harry Potter fan!
*Interview has been lightly edited for length and clarity
CWA at Reentry Council Winter Giveaway - Grace Woodward, our Office's Director of Restorative Justice and Diversion Services, attended the Winter Giveaway hosted by the Reentry Council on Saturday, December 2, 2023. This even, which was held at Walter Reed Community Center, provides coats, scarves, jackets, hats, and various other winter essentials to people who were recently incarcerated, and families impacted by the criminal justice system, at no cost.
Grace Woodward at Reentry Council Winter Giveaway
South Korea Delegation Visit - On Friday, December 8, 2023, a delegation from the South Korean Ministry if Justice met with members of the Arlington court system to learn more about how we manage civil commitments for people with mental illnesses. South Korea has recently seen an increase in violent crimes accompanying mental health crises, so they hope to implement a civil commitment and court-ordered outpatient treatment system like ours in Virginia. The South Korean delegation traveled to Los Angeles and New York City before finishing their trip in Arlington.
Feel the Heritage Festival - On February 24, 2024, our Office participated in the Feel the Heritage Festival held at Charles Drew Community Center in Green Valley. We came together as a community to enjoy live entertainment, eat delicious food, and celebrate the history of Arlington's historically African American neighborhoods.
Doorways Ribbon Cutting - In support of Doorways, members of our Office attended the ribbon-cutting ceremony held on April 5, 2024. This ceremony celebrated the opening of Doorways' new headquarters location in Ballston Towers.
Photo of the Doorways' Ribbon-Cutting
Upcoming Expungement Fair - Our Office is planning our next Expungement Clinic! Our last Expungement Clinic, which was held on September 30, 2023, was a large success thanks to our wonderful volunteers, and partnerships with the Arlington Circuit Court Clerk's Office, Arlington Sheriff's Department, and Arlington Presbyterian Church. We are hoping to hold the next Expungement Clinic in June 2024, so stay tuned for more updates coming shortly. If you are a defense attorney willing to donate pro-bono hours, or a community organization who would like to host a table at the next Clinic, please send us an email at CWA_info@arlingtonva.us.
- Read the USA Today op-ed on child prosecution authored by Parisa Dehghani-Tafti, Jim Hingeley, and Miriam Krinsky
- Watch these videos on Restorative Justice:
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