A Fairfax County judge rejected a plea deal for a suspected child sex offender, saying it would put the community in danger.
A man broke into an apartment in Annandale June 15, grabbed a 4-year-old girl from her bed and dragged her to the living room before her screams woke her mother, police said.
The man fled, but two days later, police arrested Hyrum Baquedano Rodriguez. Investigators said thumb and palm prints on a window linked their suspect to the scene.
He faced serious felony charges of abduction with intent to defile and burglary with intent to commit rape or kidnapping – crimes that could carry up to life in prison.
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But prosecutors reduced the charges. In the abduction warrant, “with the intent to defile” is crossed out.
On May 24, the prosecutor presented a plea agreement in which Baquedano Rodriguez would admit guilt to felony abduction and misdemeanor unlawful entry, carrying a sentence of up to years in prison.
Judge Randy Bellows rejected the deal in a blistering 10-page opinion and order, writing, “A criminal justice system that cannot protect a 4-year-old child in such circumstances is a failure … When that defendant has committed a crime of such gravity that it can only be described as posing an existential threat to a child’s life, the only goal of sentencing likely to protect the community is a lengthy period of incarceration.”
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The judge noted the defendant had six prior misdemeanor convictions, including two sex crimes involving children. He was on probation when he was arrested for breaking into the apartment.
At the hearing, the Fairfax County Commonwealth Attorney’s Office defended its decision, saying the case could not rest on the testimony of the young victim. They said DNA taken from her nightgown was inconclusive and her brother initially identified someone else. They feared losing the case by taking it to trial.
In a new statement Monday, the commonwealth’s attorney’s deputy says the plea was discussed with the victim’s family, writing, “After consulting with the victim’s family, the Commonwealth determined that the best course of action was to pursue an agreement that would guarantee a period of incarceration, rather than go to trial and take on the substantial risk of acquittal.”
With judge’s rejection of the plea, the defendant withdrew his guilty pleas.
A new judge will be assigned later this month.
