Brevard was located and arrested. Police later discovered the fully loaded pistol magazine in the squad car that took Brevard to the Fairfax County jail.<\/p>\n<\/div>\n
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Police charged Brevard with abduction with intent to defile in the Homewood Suites attack. They also charged him with multiple <\/b>counts of burglary at night to commit a felony and possession of burglary tools in the apartment break-in. The charges carry a minimum sentence of 25 years in prison.<\/p>\n<\/div>\n\n
After the arrest, Fairfax County police sent an email to Descano\u2019s office urging them to oppose bond, according to a copy obtained by The Washington Post.<\/p>\n<\/div>\n
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\u201cBrevard is a threat to the public,\u201d the email read.<\/p>\n<\/div>\n
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Descano\u2019s office did oppose bond twice and Brevard was ordered to remain in jail through the prosecution of his case.<\/p>\n<\/div>\n
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Descano\u2019s office ultimately offered a Brevard a deal to plead guilty to misdemeanor counts of assault and battery in the hotel attack and unlawful entry in the apartment break-in. Brevard entered the plea at a hearing in Fairfax County General District Court in March 2021.<\/p>\n<\/div>\n
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Brevard was sentenced to serve 11 months in the Fairfax County jail, but under Virginia law jail inmates only serve half that time. He was also required to undergo substance abuse and mental health violations.<\/p>\n<\/div>\n
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Andy Elders, the public defender who represented Brevard in Fairfax County, declined to comment on the case. The attorney representing Brevard in the case involving the killing of the homeless man in D.C. did not respond to a request for comment.<\/p>\n<\/div>\n
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Descano said the deal was offered because the case had issues.<\/p>\n<\/div>\n
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He pointed out the victim in the first hotel attack was not able to identify Brevard because she was grabbed from behind. There was no video evidence of the assault and investigators attempts to find fingerprints at the scene came up empty.<\/p>\n<\/div>\n
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Descano\u2019s office also said the burglary charge was inappropriate for the apartment break-in. The office said Brevard did not take anything from the apartment and he entered after fleeing officers at the hotel.<\/p>\n<\/div>\n
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Rick Conway, a former chief deputy Commonwealth\u2019s Attorney in Prince William County, said the case had challenges, but he thought Fairfax County prosecutors should have brought Brevard to trial on felony counts given the gravity of the hotel attack and his criminal history.<\/p>\n<\/div>\n
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He thought prosecutors could have built a compelling case by using the striking similarities between the hotel incidents coupled with a strong identification of Brevard in the apartment break-in nearby to argue he was behind all three. Descano\u2019s office doubted that idea.<\/p>\n<\/div>\n
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\u201cYou don\u2019t only prosecute slam dunks, especially when you have somebody who is dangerous,\u201d Conway said. \u201cYou have to often times rely on the reasonable inferences that can be drawn from jurors.\u201d<\/p>\n<\/div>\n
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Conway thought Descano\u2019s office should have charged Brevard with possessing the magazine, but Descano\u2019s office said officers searched Brevard and did not find the magazine until it turned up in the squad car, so a possession case would be tough to make.<\/p>\n<\/div>\n
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Descano\u2019s office said politics are at the root of the criticisms of his office. Miyares, who was elected in November on a platform of being tough on crime, has repeatedly attacked Descano as being too soft on criminals.<\/p>\n<\/div>\n
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Descano is among a handful of liberal prosecutors, who won office in Virginia on a platform of rooting out inequalities in the justice system and reducing mass incarceration.<\/p>\n<\/div>\n
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\u201cHe\u2019s using victim\u2019s pain for political purposes,\u201d Descano said of Miyares and the Brevard case.<\/p>\n<\/div>\n
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Tom Jackman and Peter Hermann contributed to this report.<\/i><\/p>\n<\/div>\n<\/div>\n
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