Judge REMOVES Loudoun County DA's office from prosecuting burglar with more than 40 charges against him in the past year after prosecutor offered six-month plea deal and downplayed his criminal history
- Loudon County Circuit Court Judge James Plowman has removed the county's woke District Attorney's office from prosecuting a case
- He wrote in his decision that the county's Commonwealth's Attorney's office must be removed after an attorney 'misled the court and the public'
- He argued that Michele Burton - a prosecutor for the Commonwealth's Attorney's Office - downplayed Kevin Enrique Valle's criminal history
- She then reportedly offered him a six-month plea deal for his three misdemeanor charges and two felony burglary charges
- The state's Republican Attorney General is now reportedly gearing up to prosecute the case but Biberaj has filed a request for annulment of the order
A Virginia judge has removed the woke Loudon County's District Attorney's office from a burglary case after a prosecutor downplayed a serial burglar's criminal history.
Loudon County Circuit Court Judge James Plowman ruled on Friday that the county's Commonwealth's Attorney's Office must be removed from the serial burglary case for 'deliberately misleading the Court and the public.'
'The Commonwealth is deliberately misleading the Court and the public in an effort to "sell" the plea agreement for some reason that has yet to be explained,' Plowman wrote in his decision removing the office - led by Democrat Buta Biberaj - from prosecuting the case against Kevin Enrique Valle.
Valle, 19, is accused of engaging in a 'possible 12 burglary crime spree spanning four counties over 10 days,' and is charged with three misdemeanors for destruction of property and false identification, as well as two felony burglary counts.
But Plowman said Michele Burton - a prosecutor for the Commonwealth's Attorney's Office - offered Valle a six-month plea deal by downplaying his previous criminal history and not including other burglary charges lodged against him.
He claims the plea deal wrongfully stated that the crimes all occurred within a matter of hours last year, rather than 10 days.
Loudon County Circuit Court Judge James Plowman removed the county's Commonwealth's Attorney's Office, led by Democrat Buta Biberaj, right, from a burglary case
Plowman argued that an attorney for the Commonwealth's Attorney's Office downplayed Kevin Enrique Valle's criminal history to offer him a plea deal in a serial burglary case
Plowman also pointed out that Valle has previously pleaded guilty to three other felonies, had other pending criminal charges as well as a juvenile record.
Court records obtained by DailyMail.com show he has more than 40 cases against him in various counties throughout Virginia, including for grand larceny, burglary, and for carrying a concealed weapon
'Biberaj and the Loudon County Commonwealth's Attorney's Office is hereby REMOVED AND DISQUALIFIED from further prosecution as counsel of record in this matter,' he concluded.
Still, Biberaj insists that her office was acting properly and has filed petitions to the State Supreme Court asking for the order to be annulled and preventing the court from removing the office from the case, according to WJLA.
In the meantime, the state's Republican Attorney General has announced his office is ready to step in to prosecute the case, claiming the court has 'rightfully lost confidence' in Biberaj and her office.
Virginia Attorney General Jason Miyares sent a letter to judicial officials on Monday saying his office is prepared to step in and prosecute the case
In his decision, Plowman - who previously served as the Loudon Commonwealth Attorney before Biberaj's election in 2019 - said the faulty plea deal proved that Biberaj was incapable of prosecuting the case 'consistent with professional standards.
Plowman also recused himself from the case 'unless the parties agree otherwise,' and ordered the Fauquier Commonwealth's Attorney's Office to prosecute the case against Valle.
In the aftermath, Republican Virginia Attorney General Jason Miyares sent a letter to the chief judge of the 20th Judicial Circuit on Monday saying the court has 'rightfully lost confidence' in Biberaj and her office.
He wrote that his office is now ready to assist - and even prosecute - the case 'considering this unprecedented development.'
'Please know that my office stands at the ready to ensure that the victims of these serious crimes receive justice, and that the perpetrator is held accountable, thereby ensuring that the citizens of Virginia feel safe in their homes.'
Valle was arrested on May 18, 2021 following a series of burglaries four days before at Nokesville Superette, Comics and Gaming, Inc. and the Glass City Tobacco Store.
He was charged at the time with three counts of burglary, three counts of conspiracy to commit burglary, two counts of grand larceny and one count of petit larceny.
In each of the cases, Inside NOVA reports, large rocks were thrown through glass doors and cash registers were stolen. The total cash value was around $2,900, according to WJLA.
Court records obtained by DailyMail.com also show he has more than 40 cases against him in various counties throughout Virginia.
Biberaj - who has received $861,039 from George Soros' Super PAC in 2019 - has previously faced scrutiny for her handling of a case involving a father who accused a 15-year-old 'boy in a skirt' of raping his daughter in high school
Last June, Scott Smith was dragged out of a Loudoun County school board meeting after listening to the school board justify its transgender bathroom policies. He says he was trying to tell the room that his daughter had been raped by a boy 'wearing a skirt' in the girls' bathroom just weeks earlier and that the school ignored it
Smith was arrested and charged with disorderly conduct. He said he was trying to contain himself after listening to school board staff say they'd never had a report of a sexual assault in a bathroom, when that is what his daughter reported weeks earlier
Biberaj, who has received $861,039 from George Soros' Super PAC in 2019, has previously come under fire for her handling of a case in which a father claimed a transgender student raped his daughter.
Scott Smith was pictured being arrested and dragged out of a heated meeting school board meeting with his torso exposed in Leesburg, Virginia after he protested its proposed transgender policies.
Smith was trying to tell the room that his 15 year-old daughter had been raped by a boy wearing a skirt in the girls' bathroom at Stone Bridge High School only weeks earlier.
The boy, who is also 15, was then moved to Broad Run High School with the support of Biberaj, where he is said to have molested another student. The unnamed youngster is currently in juvenile detention awaiting his next court appearance.
Biberaj later pushed to have Smith jailed for his outburst on charges of disorderly conduct and resisting arrest, at the same time she defended moving the 15-year-old student to another school.
Smith was then given a suspended sentenced of 10 days in jail, contingent on a year of good behavior, while the student was charged with two counts of forcible sodomy.
The teen was fitted with an ankle monitor and transferred to another school where he was later accused of sexual assault against another female student.
Still, Biberaj defended the decision to move the student to a different school.
'We believed based on the facts that he had no history of having done this prior to this offense that was alleged,' said Biberaj.
Eventually, though, the 15-year-old boy was found guilty of the assault on October 25, when a judge 'substantiated' charges of forcible sodomy and forcible fellatio, the juvenile equivalent of a conviction.
But that was not the end of Biberaj's problems.
FOX News reports that she previously came under fire for how she runs the office, with one former prosecutor saying employees were 'pushed to bond people out in domestic violence cases.'
And earlier in the year, the chair of the Loudon County Board of Supervisors voiced outrage with Biberaj after FOX 5 reported she hired a convicted sex offender as a paralegal.
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