The family hopes the U.S. attorney general will take up the case after Virginia Attorney General Miyares moved to dismiss manslaughter charges in the 2017 slaying.
of the case, even if the county prosecutor did not approve of the dismissal. The state attorney general’s office joined the case at Descano’s invitation in 2020, and argued it before Hilton last year, but then assumed full jurisdiction at the appeals level, as its leadership changed from Herring, a Democrat, to Miyares, a Republican.
A spokesman for Descano said Saturday that the prosecutor was unlikely to object to Miyares’s motion, agreeing that the attorney general had the authority to seek dismissal and that Descano did not want to pose any delays to the possibility of a federal civil rights prosecution. Garland did reconsider the case, in part. He lifted a ban imposed by the Barr-run Justice Department and allowed FBI agents to cooperate with the Virginia prosecution, a ban which stymied former Fairfax prosecutor Raymond F. Morrogh fromagainst Vinyard and Amaya at the end of his term in 2019. After Descano sought and obtained indictments in 2020, he said officials at the Justice Department told him they wanted “to see how this played out” in state court before taking further steps.
Surovell pointed to a Virginia victims’ rights law that says prosecutors “shall consult with the victim either verbally or in writing … to obtain the victim’s views about the disposition of the case, including the victim’s views concerning dismissal.” The Ghaisars said they were not advised of a possible dismissal until they learned it was about to happen Friday afternoon.
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