A 30-year-old man pleaded guilty to two misdemeanors yesterday (Thursday) after a woman reported that he spied on her in a Lake Fairfax campgrounds bathhouse and masturbated.

The Herndon man scaled a cement wall to look at the woman on Oct. 27, 2020 from above while she was using a locked private room with a toilet, shower, and changing area, she said in a victim impact statement to Fairfax County General District Court.

During the incident, the man was in an above-ground area with a cement wall and wooden rafters, according to her statement. The wooden rafters are about 12 feet from a concrete floor, part of an open ceiling, noted police, who responded at Lake Fairfax Park around 7 p.m.

“The defendant’s pants were down to his ankles and he was masturbating while watching me use the toilet and washing up in the changing area,” the woman said in her statement. “When I noticed the defendant was watching me…I started screaming for help.”

The man was vigorously stroking himself, the woman said, and she continued to scream as she exited the bathhouse. He later confirmed to police that he masturbated inside the bathhouse.

“I was afraid during the incident that he might jump down on top of me and sexually assault or rape me,” the woman said.

A police dispatch said the woman exited the bathhouse, and campers surrounded it. When the woman spotted the man exiting, two campers from Reston detained the man, telling him to get on his knees.

When the woman left the restroom, she heard a thump, and the man later told witnesses that he hurt his hand, according to a police report.

An ambulance responded, and the man was taken to a hospital.

The man said in a letter on file with the court that his actions were horrible and “completely unacceptable.”

He apologized and said he has undergone counseling sessions to ensure this kind of incident never happens again.

“My wrist is a constant reminder of my mistake, and the pain and limitations it has resulted in,” he said.

The woman had been using the campgrounds with a tent. After the incident, she bought a used car and decided to leave the area without finalizing plans in an attempt to recover.

The Fairfax County Commonwealth’s Attorney’s Office had recommended a three-month jail sentence but allowed it to be suspended. They also dropped an indecent exposure charge from Aug. 20, 2020.

The man pleaded guilty to charges of simulated masturbation and peeping. The court sentenced him to one year of probation and required him to continue weekly therapy and receive mental health treatment.

Fairfax County says it has not altered the bathhouse facility or made any procedural changes, such as giving campsite guests who pay to stay there a key to access the bathhouse.

A county spokesperson labeled the case a “unique incident,” adding that that’s not to diminish its “importance or the impact on those who were affected by this behavior.”

Flash Flood Watch in Effect — The National Weather Service has issued a Flash Flood Watch for Fairfax County and the rest of the D.C. area through 10 p.m. today (Wednesday). Multiple rounds of heavy showers and thunderstorms could drop up to one to two inches of rain per hour, leading to rapid rises in streams, creeks, and poor drainage areas. [NWS]

Transportation Mask Mandate Extended to Next Year — “The Transportation Security Administration said Tuesday that it will extend a federal mask mandate for airline, bus and train passengers into next year, requiring the face coverings until Jan. 18, 2022…While a CDC order imposing the transportation requirement has no end date, TSA enforcement rules had been set to expire Sept. 13.” [The Washington Post]

Fairfax County Sends Out Jury Questionnaires — Approximately 60,000 Fairfax County or City of Fairfax residents might soon receive a jury duty questionnaire in the mail. The survey is the start of a screening process to determine an individual’s eligibility, which could lead to a summons and a call to report for service. The Fairfax County Courthouse has started hosting more in-person proceedings but renewed its mask requirement earlier this month. [Fairfax County Government]

NOVA Partners with AT&T on IT Training — “AT&T has created an IT apprenticeship program with Northern Virginia Community College and the Virginia Department of Labor and Industry, the company announced Tuesday. The two-year program will offer students information technology training and 2,000 hours of on-the-job training in technical, soft skills, lab work and related skills…Those selected will work as part-time AT&T employees and train at NOVA’s Reston complex and AT&T’s Oakton facility.” [Virginia Business]

Photo via vantagehill/Flickr

(Updated at 2:30 p.m.) The Fairfax County Courthouse is renewing its mask policy once again even as the judicial system tries to inch back to normal amid a backlog of cases.

The Fairfax County Circuit Court issued an amended order today (Wednesday) stating that, effective immediately, masks will again be required to enter the judicial complex and in all public areas in the courthouse, though judges have the authority to let individuals take off their masks in their courtrooms.

At the same time, courts are starting to resume more in-person procedures. Plexiglass barriers have been installed to keep jurors socially distanced, and defense attorneys as of last month have been able to meet with clients in the jail rather than trusting in Zoom to meet confidentially.

But amid the safety efforts, many cases have been delayed, putting a pause on justice.

“The backlog remains a major factor in our operations and is unlikely to be fully resolved for years,” said Ben Shnider, a spokesperson for Fairfax County Commonwealth’s Attorney Steve Descano.

Last month, the Centers for Disease Control and Prevention recommended that vaccinated people wear masks indoors in areas with high or substantial COVID-19 transmission, which now includes Fairfax County.

That reversed a loosened CDC policy that began May 13 — prior to the highly transmissible delta variant making up over four out of five coronavirus cases in the U.S.

The Fairfax County Courthouse says its reversal was due to the CDC update but noted that a presiding judge may direct otherwise in individual courtrooms.

Inside the courthouse, there’s yet to be a criminal trial with the new plexiglass format for the county’s chief public defender, Dawn Butorac, who wonders if the changes will influence jurors’ perceptions.

“It’ll be interesting to see how a witness is perceived in that environment,” she said. “It’ll be closer to normal.”

Under a transition plan that was last adopted on July 7, the Fairfax County Circuit Court restarted in-person hearings for all civil trials and non-Friday motions on July 1.

The courthouse installed the plexiglass changes this summer to increase the number of criminal trials, but backlogs remain throughout the system.

During the pandemic, arrests continued, but courts scaled back operations. Notably, in early 2020, the Virginia Supreme Court suspended a state law that adds another level of protection to one’s constitutional right to speedy trials. The suspension was renewed in September.

Even as operations ramp back up, citizens still have the option to postpone jury duty when summoned to court. COVID-19 questionnaires allow people to postpone their legally required obligation, depending on individuals’ circumstances regarding the virus. Exemptions include health conditions such as cancer, obesity, heart issues, and asthma, as well as pregnancy and smoking.

While the backlog in cases will still be a challenge, Fairfax County’s most recent budget enabled the commonwealth attorney’s office to add 15 positions, increasing its staff to 83.

That means there will be 50 prosecutors compared to 25 attorneys in the public defender’s office, according to Butorac.

“In theory…we have progressive prosecutors that should be prosecuting less,” Butorac said.

Descano and his office have sought to adopt a progressive approach that seeks alternatives to jail sentences when possible, arguing that diversion efforts can keep people from being unnecessarily criminalized and help prevent recidivism.

According to Descano’s office, it will continue to prioritize alternatives to incarceration when a case “best meets the safety and justice needs of the community.” In a statement, Shnider said prosecutors are trained to avoid reflexively seeking the most punitive outcome in every case.

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