ANNANDALE, VA — Court records released by the Fairfax County Commonwealth's Attorney's Office show that the Annandale man now charged with attempting to disarm a Fairfax County police officer previously faced a felony strangulation charge that was later dismissed after the alleged victim asked prosecutors not to move forward.
The newly released records add context to the criminal history of Nehemia Noel Fuentes-Banegas, 26, who was charged this week with attempted disarming of a law enforcement officer after police said he grabbed an officer's firearm during a confrontation in a wooded area near Americana Drive on Monday.
Police said an officer fired his weapon while a second officer deployed a Taser after Fuentes-Banegas allegedly attempted to take the officer's gun. He suffered non-life-threatening injuries.
Patch previously reported that the Department of Homeland Security criticized Fairfax County officials after U.S. Immigration and Customs Enforcement lodged a detainer requesting notification before Fuentes-Banegas is released from custody.
In response to questions from Patch, the Office of Commonwealth's Attorney Steve Descano provided court records from an April domestic violence case involving Fuentes-Banegas.
The records show he was charged with felony strangulation stemming from an April 10 incident.
However, the charge was later dismissed after the alleged victim asked prosecutors not to proceed with the case. A handwritten notation on the court order states that the "victim did not want to go forward," and the judge granted the Commonwealth's motion to dismiss the charge.
The documents supplied by the Commonwealth's Attorney's Office do not indicate that the dismissal resulted from a finding that the allegation was false, nor do they identify any other reason for the dismissal beyond the victim's request.
Following Patch's earlier reporting, Fairfax County Board Chairman Jeff McKay defended the county's criminal justice system while praising the officers involved.
"Fairfax County police officers do tremendous work to keep our community safe and I'm glad that no officers were harmed and that there was no loss of life," McKay said. "FCPD will continue to enforce criminal law and hold everyone accountable for their actions and are just one part of a broader criminal justice system. As has always been the case all valid judicial court orders will be honored."
Because Fairfax County's sheriff oversees the Adult Detention Center, Patch also sought comment from Sheriff Stacey Kincaid.
"The Fairfax County Sheriff's Office never prevents ICE from acting on their civil requests, and it is their responsibility to execute these requests," Kincaid said. "Once a judge orders an inmate to be released, it is the responsibility of ICE agents to come to the Fairfax County Adult Detention Center to pick up that person. ICE is aware of this and is notified each time an undocumented person is booked into the Fairfax County ADC."
Kincaid's statement is consistent with testimony she delivered before a House Judiciary subcommittee in May, when she appeared alongside Descano during a congressional hearing examining Fairfax County's immigration-related policies.
RELATED: Feds vs. Fairfax: Prosecutor Defends 'Trust' Policies As DOJ Launches Discrimination Probe
During that testimony, Kincaid said ICE is notified whenever an undocumented person is booked into the Fairfax County Adult Detention Center and that federal agents may take custody of individuals by obtaining a judicial warrant, tracking court dates or coordinating transfers with the Sheriff's Office. She testified that immigration enforcement is a federal responsibility and that the Sheriff's Office follows Virginia law while allowing ICE access to the jail.
Patch previously reported on that congressional hearing and the debate over Fairfax County's trust policies.
Patch also requested comment from Gov. Abigail Spanberger's office regarding DHS's criticism of Virginia's immigration policies but did not receive a response before publication.
The criminal investigation into the July 28 officer-involved shooting remains under review by Fairfax County police. According to the department, the results of that investigation will be presented to the Commonwealth's Attorney's Office. The involved officer has been placed on restricted duty pending the outcome of the criminal and administrative investigations.
For confidential support in Fairfax County: Domestic and Sexual Violence 24-Hour Hotline:703-360-7273. If you or someone you know is in immediate danger, call or text 911.
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