“Frequent Flyers” Are Not Harbingers of Anarchy

by Dick Hall-Sizemore

In a recent article on this blog, Jim Bacon cited the case of Ronald Thomas as a possible harbinger of a “descent into anarchy.”  One commenter cited 13 prior charges, many of which were “nol prossed”.

Just looking at a list of charges and their results can be misleading. It is necessary to look at the context.  It is common for law enforcement to charge a defendant with several separate offenses connected with the same incident.  It is also common, during the process, for prosecutors to reduce some of these charges and recommend an adjudication of nolle prosequi (“nol pros”) if the defendant pleads guilty to one or more charges.

A summary of the appearances of Thomas in Fairfax County and Arlington County district courts is set out below.  It is apparent that Thomas has been a busy man lately.  It is also obvious that he is an example of a long-time bane of law enforcement, sheriffs, and courts—a nonviolent offender who is in and out of jail frequently.  These are often referred to as “frequent flyers”.

I do not mean to diminish the seriousness of Thomas’ offenses.  Stealing is serious, especially to the person being stolen from.  In the latest incident involving Thomas,  the theft of costly, high-end cosmetics can quickly run into thousands of dollars.

However, the cycling in and out of the judicial process of nonviolent offenders is nothing new.  Thomas’ court records pre-date Descanos and Dehgani-Tafiti, the Commonwealth Attorney bête-noires of some on this blog.  I am sure that one could go back into the court records of 10 or 15 years ago, if not further, and find other examples of nonviolent shoplifters and other types of petty thieves going in and out of the criminal justice system.  Today’s example, while demonstrative of a seemingly intractable problem in the judicial system, is hardly another step toward anarchy.

In recent months, Thomas has been bouncing between Arlington and Fairfax district courts.  It is likely that, in setting sentences, judges in one jurisdiction were aware of Thomas’ status in the other jurisdiction.

In reviewing the “rap sheet” below (derived from the state’s court database), one needs to keep the following definitions and observations in mind:

LarcenyGrand larceny is a felony, carrying a possible sentence of one to twenty years in prison.  Peitit larceny is a Class 1 misdemeanor, punishable by up to a year in jail.  For many years, the statutes defined grand larceny as the theft of anything worth $200 or more.  In 2018, the General Assembly raised the grand larceny threshold to theft of anything worth $500 or more.  The 2020 General Assembly further increased the grand larceny threshold to $1,000 or more.

Bail—Release of an offender on bail, and the amount of bond required, if any, is the decision of a judicial officer, either a magistrate or judge.  Commonwealth’s Attorneys can weigh in sometimes and ask that a bond be increased, but, generally, they are not involved in bail decisions.

Time served awaiting trial—Under Virginia law, anyone convicted of a criminal offense shall receive credit for time served while awaiting trial to be applied to his sentence.  In those cases below in which Thomas was held in custody and released on bail, he sometimes was in jail before his trial for a longer period than his ultimate sentence.

Waiver of extradition—In the court records, Thomas is shown as having a Maryland or District of Columbia address.  In several cases, the court record shows “waived extradition” as the result of the case.  Contrary to the assertion of one Bacon’s Rebellion commenter, “waived extradition” in the court record does not mean that the state or locality declined to extradite an offender from out of state. Rather, it means the opposite.  It signifies that the fugitive for whom there is an out-of-state warrant (in this case, Thomas) has waived extradition proceedings and the requesting state can come and pick him up directly without having a hearing or needing the governor’s approval. https://www.simmsshowerslaw.com/extradition-in-virginia/

 

Summary of Virginia judicial proceedings against Ronald Demetrious Thomas:

 4/17/2017.  Fairfax District Court.  2 counts stemming from offense committed on 11/26/2016, arrested same day.  Defendant held in custody.

Count #1: Grand larceny, more than $200, Class 6 felony. Reduced to petit larceny, class 1 misdemeanor.

  • Plea: Guilty
  • Sentence: 60 days, suspended; unsupervised probation for 1 year
  • Court costs–$547 (past due)

Count #2: Obstruction of justice, with force. Class 1 misdemeanor

  • Nolle prosequi

4/18/2017

. Fairfax District Court.

Fugitive warrant.  Extradition waived.

2/15/2018.  Arlington District Court.

Arrested on petit larceny charge.  Released on summons.  Failed to appear for scheduled court appearance.  (See 1/30/2021)

11/25/2020.  Arlington District Court.

Fugitive warrant.  Dismissed.

1/13/2021.  Arlington District Court.  2 charges stemming from 2/15/2018 petit larceny charge.

Charge #1: Petit larceny. Misdemeanor

  • Plea: Guilty
  • Sentence: 30 days, no probation.
  • Costs: $221 (past due)

Charge #2: Failure to appear.

  • Nolle prosequi

11/23/2021.

  Fairfax District Court.  5 charges stemming from 1/12/2021 incident, for which he was arrested on 8/11/2021.  Released on bail.

Charge #1: Grand larceny, more than $1,000. Class 6 felony.

  • Plea: Nolo contendere
  • Finding: Guilty
  • Sentence: 12 months in jail; 12 months suspended.
  • Probation: 2 years, supervised
  • Costs: $342

Charge #2: Grand larceny, reduced to petit larceny. Class 1 misdemeanor.

  • Plea: Nolo contendre
  • Finding: Guilty
  • Sentence: 12 months in jail; 12 months suspended
  • Probation: 2 years supervised
  • Costs: $476

Charge #3: Grand larceny.

  • Nolle prosequi

Charge#4: Petit larcency-3rd Felony

  • Nolle prosequi

Charge #5: Petit larency-3rd Felony

  • Nolle prosequi

2/15/2022

.  Fairfax District Court

Petit larceny.  Committed 1/10/2022; arrested 1/10/2022; released on bail.

  • Plea: Guilty
  • Sentence: 30 days, suspended
  • Probation: None
  • Fine: $50
  • Costs: $212 (all past due)

4/5/2022

.  Arlington District Court

Hearing on petition of State for violation of conditions of probation (11/23/2021, Fairfax)

  • Dismissed

5/13/2022.

  Arlington District Court.  4 charges stemming from offense committed 3/28/2022. Denied release on bond upon arraignment; appealed to Circuit Court—denied bail.

Charge #1: Identify theft—obtaining ID to avoid arrest, Class 1 misdemeanor.  Amended to falsely identifying one’s self to law enforcement.

  • Plea: Guilty
  • Sentence: 180 days; all suspended
  • Probation: None
  • Costs: $150

Charge #2: Assault on law enforcement officer, Class 6 felony. Reduced to assault and battery, Class 1 misdemeanor.

  • Plea: Guilty
  • Sentence: 180 days; all suspended
  • Probation: None
  • Costs: $536

Charge #3: Misdemeanor

  • Nolle prosequi

Charge #4: Petit larceny

  • Nolle prosequi

5/18/2022.

  Fairfax District Court.  In custody on fugitive warrant

  • Extradition waived

7/14/2022

. Fairfax District Court. Probation revocation hearing scheduled for two charges of violation of probation

 


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Comments

45 responses to ““Frequent Flyers” Are Not Harbingers of Anarchy”

  1. walter smith Avatar
    walter smith

    So…just acceptable behavior, and no big deal?
    A social good? We need more of it?
    So you would be in favor of releasing all of the J6 defendants?
    Other than politics, what is the difference? (Oh, and the vast majority of J6 people didn’t actually commit a crime)
    We have laws. Our government “servants” are supposed to faithfully enforce the laws. “Prosecutorial discretion” is supposed to mean deciding whether to charge 1st or 2nd degree, etc, not to just ignore whole sections of the law.
    And you know that one of the desires, besides the stupid racial equity linguistics, is to claim crime has gone down because you don’t prosecute and you don’t report it. It is the broken window fallacy writ large.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I made it plain that this is not acceptable behavior. My point is that this cycling in and out of jail is not new. Jim’s article and my rejoinder have nothing to do with “prosecutorial discretion”. Whole sections of the law are obviously not being ignored here.

      1. walter smith Avatar
        walter smith

        Neither is that my point. Cycling in and out of jail is not new. Is this one example, or is this a general trend? It is ONE example. Is the level up? If the level of this sort of activity is up, is that a sign of social dysfunction or not? The theory is that going light on this behavior causes more of it. I think we are witnessing it. You don’t. Larry says look stuff is locked up. My question would be why is stuff locked up? It used to not be necessary. Do you honestly believe people are more honest? More truthful? Steal less? More law abiding? How about behavior in schools? Better? Was it like that when you went to school on the Southside (I think)? It wasn’t in the Northern Neck. Groomers? Plenty of decay everywhere. We need to quit encouraging it. Heck, subsidizing it!

        1. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          I don’t have the time or inclination to make the kind of detailed study you suggest. I could ask you the same questions. Do you see the level going up? If so, what is the evidence. I can report that ever since I was assigned by DPB to cover corrections and public safety issues and started attending meetings with jail officials and criminology researchers over 20 years ago, I heard reports of the problems of “frequent flyers” in jails and got the sense that it was not a new phenomena.

          As to whether people are more truthful or honest and stole less when I was growing up, I really can’t answer that question. If you proposing that the 1950s were the “good old days” for law enforcement in Southside Virginia, there a lot of people who lived during those times who will take issue with that idea. See Oliver Hill, The Big Bang.

      2. DJRippert Avatar
        DJRippert

        I think Jim provided a balanced piece …

        “Perhaps incidents like these have been occurring for years, decades, without anyone paying attention. It’s not as if Thomas shot or stabbed anyone. Perhaps these incidents are absolutely nothing to get exercised about.”

        However, given what is going on in California, our General Assembly’s decision to raise the amount for grand larceny from $200 to $500 to $1,000, and the Soros-backed Commonwealth Attorneys in NoVa … I think Jim’s article was well placed.

  2. DJRippert Avatar
    DJRippert

    Looks like Arlington was the only jurisdiction to put him in jail. It also looks like his behavior is getting worse and worse.

  3. LarrytheG Avatar
    LarrytheG

    Well, Dicks blog post is more accurate in facts and context and no it’s not “okay” but it does well illustrate the dilemma prioritizing the use of expensive criminal justice resources to deal with criminal behaviors.

    It’s just not so simple.

    But Conservatives typically use law & order in their claims that “liberals are soft on crime” especially for elective positions.

    Right now, today, the US already puts more people in prison as a percent of population than any other developed country. Makes one wonder why we have so much more crime than those other countries or perhaps those other countries have much more crime than us and don’t prosecute it.

    https://uploads.disquscdn.com/images/61f956ea0e0886f9e4cbed61781723260fdd912cdb5dfbb765dbba063f15a109.jpg

  4. Peter Galuszka Avatar
    Peter Galuszka

    Dick, Thanks for this. I covered courts for The Virginian-Pilot back in the 1970s and this kind of rap sheet was very common. I get tired, however,of how so many on this blog keep trying to turn fairly ordinary stuff into morality plays about the death of American society. Mdeia Matters has an interesting piece about Fox News tries to turn the Uvalde tragedy into fodder for right wing culture wars.

    1. LarrytheG Avatar
      LarrytheG

      Peter – it’s what Conservatives do – law & order – “liberals are soft on crime”, tried and true…. but now amped up further to claim the “end of society as we know it” crappola.

      and FOX news trying to turn Uvalde in culture war stuff – the hell you say!

      1. DJRippert Avatar
        DJRippert

        You know what they say, Larry …

        A conservative is a liberal who haas been mugged.

        Watch this video from an eyeglasses store in Alexandria this year …

        https://www.foxnews.com/us/smash-and-grab-eyeglass-alexandria-virginia-thousands-video

        I wonder how you would feel about “law and order” if you would have happened to be in that store when the “smash and grab” happened.

        And, yes, NN – A liberal is a conservative whose high school aged daughter gets pregnant.

        1. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          How about ” a liberal is a conservative whose child was shot at school”?

        2. LarrytheG Avatar
          LarrytheG

          A conservative these days using what-a-bout-ism is not a principled person IMHO.

          How I’d feel about any crime is the same but playing what-a-bout-ism games is disreputable and you know it.

    2. James C. Sherlock Avatar
      James C. Sherlock

      Going to Media Matters for anti-Fox stories is like fishing with dynamite in a stocked pond.

      Their “interesting pieces” have a core theme. From Wiki:

      “Media Matters for America (MMfA)[2] is a politically left-leaning 501(c)(3), nonprofit organization and media watchdog group. MMfA was founded in 2004 by journalist and political activist David Brock as a counterweight to the conservative Media Research Center. It is known for its aggressive criticism of conservative journalists and media outlets, including its “War on Fox News”.”

      1. Peter Galuszka Avatar
        Peter Galuszka

        Wow. What an incredible piece of investigative reporting! Does this mean that Media Matters should be banned from BR?

        1. James C. Sherlock Avatar
          James C. Sherlock

          Hi, Peter. Long time. Hope all is well.

      2. LarrytheG Avatar
        LarrytheG

        Yep. But does that mean FOX doesn’t do what they do? Nope. You don’t need Media Matters to verify it. It’s easily verifiable by numerous sources.

    3. LarrytheG Avatar
      LarrytheG

      https://uploads.disquscdn.com/images/c9fce332e5a4f66b8edf71041536a73567624d57b8e02a998e99da16c5e890e0.jpg Ah … I think we know where Kerry and like-minded gets their “ideas” from:

  5. dave schutz Avatar
    dave schutz

    “..Descanos and Dehgani-Tafiti, the Commonwealth Attorney bête-noires of some on this blog.” –> “Descanos and Dehgani-Tafiti, the Commonwealth Attorney bêtes-noires of some on this blog.” there, fixed it for you.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Thanks. I didn’t know if I have I caret on my laptop. I should have looked.

  6. DJRippert Avatar
    DJRippert

    Jim’s example was of a repeat offender being mollycoddled by the system. That may not be new news. However, the bigger issue is the rise in coordinated shoplifting events where a number of people simultaneously shoplift or commit a “smash and grab”. This is the real problem in California.

    It is also a problem in Virginia.

    https://www.foxnews.com/us/smash-and-grab-eyeglass-alexandria-virginia-thousands-video

    A useful exercise would be to track the investigation of the Alexandria “smash and grab” to see what happens to the perpetrators, assuming they are caught.

    Does Virginia have a law with some teeth that addresses coordinated shoplifting sprees?

    1. LarrytheG Avatar
      LarrytheG

      A more “useful exercise” would be to provide data that shows that Virginia does not prosecute as much as other states when Virginia already incarcerates more people than many other states and all other OECD countries.

      Lacking any real data , what we have is more what-a-bout-ism and strawmen from the usual suspects.

      how about some real data to support your point?

      1. James C. Sherlock Avatar
        James C. Sherlock

        OK, as I responded earlier, the Virginia state prison population has declined from 29,908 in January of 2014 to 24,535 in April 2022 (-22%) during which time the state population increased +4%. https://vadoc.virginia.gov/general-public/population-reports/

        I think it is a fair description to call that drop precipitous.

        1. LarrytheG Avatar
          LarrytheG

          Did you see this comparison of jurisdictions:

          “Violent crime” “Property crime”

          Arlington County 363 3,252
          Chesterfield 469 6,546
          Henrico County 606 8,072

          https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/tables/table-8/table-8-state-cuts/virginia.xls

    2. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Grand larceny, theft of goods valued at $1,000 or more, is punishable by a sentence of 1-20 years in prison.

      Persons receiving stolen goods or buying stolen goods, knowing they were stolen, shall be “deemed to be guilty of larcency.” Same penalties apply.

      The law has teeth. The problem will be catching those involved in organized shoplifting sprees and gathering the evidence necessary to convict them. That is the job of law enforcement.

  7. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    This is a massive failure on the part of government, motivated by extremely woke prosecutors. Everyone can make a mistake, including a dumb-ass decision to steal something from a merchant. As someone wrote earlier, a kid can be dared to steal something. And there’s probably some room to give any first-time offender a break irrespective of his age under many circumstances.

    The actions of prosecutors and the courts don’t seem unreasonable through the January 2021 events in Arlington County. Then things stop making sense. A person who has a substantial record and who doesn’t seem to have learned from the mercy given to him continues to commit the same type of crimes and is rewarded with suspended sentences.

    Most people try to follow the rules. They don’t steal from others. They don’t assault others. Etc. When public officials ignore the law and coddle confirmed criminals, it simply rubs the faces of those who try hard to follow the rules into the ground. Shame on Fairfax and Arlington Counties.

    1. LarrytheG Avatar
      LarrytheG

      Unless you have real data to support your point – what does it mean besides the usual conservative blather about crime?

      Virginia has a higher incarceration rate than any other developed country and 30 other states.

      How can that be if we have “woke” prosecutors who mollycoddle?

      too many folks too willing to swill right wing Kool-Aid than deal with facts.

      1. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        I dealt with the facts. The perp has a consistent history of theft. He got relatively light treatment early on but continued to engage in criminal behavior and received multiple suspended sentences. I call this a failure of the system to address an offender who continues to repeat his crimes.

        Do you think that the treatment of this repeat offender is reasonable and fair? If so, why?

        1. LarrytheG Avatar
          LarrytheG

          I don’t think you can look at one example and from that conclude that it represents how prosecutors are handling that kind of crime in general.

          This is a favorite tactic of critics. To look at one example and claim it represents something it does not.

          That’s what ‘facts” mean – show that this kind of crime is handled differently in that jurisdiction compared to others.

          This kind of criticism is wrong but it’s what folks do.

  8. Nancy Naive Avatar
    Nancy Naive

    That’s a summary? Jeez, it’s longer than both articles on the subject. Just outta curiosity, was Nov63 Lee Harvey’s maiden flight?

      1. Nancy Naive Avatar
        Nancy Naive

        Makes Arlo Gutherie all the more relevant…

        ‘N’ nasty ‘n’ horrible and all kind of things and he sat down next to me
        And said, “Kid, whad’ya get?” I said, “I didn’t get nothing, I had to pay
        $50 and pick up the garbage.” He said, “What were you arrested for, kid?”
        And I said, “Littering.” And they all moved away from me on the bench
        There, and the hairy eyeball and all kinds of mean nasty things, till I
        Said, “And creating a nuisance.” And they all came back, shook my hand,
        And we had a great time on the bench, talkin about crime, mother stabbing,

  9. James McCarthy Avatar
    James McCarthy

    Impressive and cogent explication of the complexities of criminal justice system. TY. More importantly, the deconstruction of simplistic “hair on fire” shouts on this crowded blog is welcome.

  10. LarrytheG Avatar
    LarrytheG

    Virginia crime statistics for violent crime, robbery, burglary show decreases.

    But increases in shop-lifting and smash and grab.

    So how does that translate into “woke’ prosecutors failing to prosecute if some crime has gone down?

    It doesn’t.

    It’s just more of the same old false narratives that Conservatives promote by pointing out an anecdotal event then rolling it into the usual fairy tale about crime and our failures to stop it.

    What’s happened with smash and grab is that it’s become organized with cell phones … similar to what we known as “flash mobs’.

    https://uploads.disquscdn.com/images/33a45ea5b80e781bed7a8a6ad73d7ae67ab0fe0ffa24a18dee4eae89f0c82642.jpg

  11. walter smith Avatar
    walter smith

    Denial ain’t just a river in Egypt.
    Amazing that this is all just right wing propaganda, but none of the left wing propaganda, which is propaganda, is ever cause for skepticism.
    Mostly peaceful protests are nothing. Kamala, anybody seen her lately?, organized a bail fund for those lovely people. J6 people are railroaded, and Sussman goes free. Bob Mueller is a buffoon, but a hero as he literally persecuted political people, and the FBI helped.
    If you people on the Left cannot agree that 2+2 = 4, it won’t end well. We must save our Democracy say the people who are destroying its social fabric. When there is not social trust, society breaks down. As you excuse criminal behavior, you get more of it. But…when politics IS your religion…

  12. James C. Sherlock Avatar
    James C. Sherlock

    Career criminal. We note that these were just the crimes for which he was caught and charged, two entirely different things in Fairfax and Arlington Counties.

    Two of my favorites:

    11/23/2021 Assigned two years supervised parole after 3rd conviction. What did the parole officer do to supervise? Did Mr. Thomas check in? Get a job as required?

    5/13/2022. 4 charges stemming from offense committed 3/28/2022 (four months into supervised probation). Included assault on law enforcement officer, Class 6 felony. Reduced to assault and battery, Class 1 misdemeanor. Sentence: 180 days; all suspended. Probation: None. He committed this crime while on parole and received a deal in Arlington before being turned over to Fairfax County on a fugitive warrant for potential reinstatement of two 12-month sentences.

    I have to note that the prosecutors in Arlington and Fairfax Counties, as Dick noted, are George Soros acolytes. Nice work. We’ll try to watch what happens to Mr. Thomas at his parole revocation hearing in Steve Descanos’ Fairfax County.

    Does Fairfax County still have a jail?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      The man was convicted several times. Therefore, I assume that you are praising the work of the Arlington and Fairax prosecutors.

      It is the judge that makes the decision on revocation of probation.

      Fairfax County has a jail; it is pictured at the beginning of the article.

      1. James C. Sherlock Avatar
        James C. Sherlock

        My comment on the jail was facetious.

      1. LarrytheG Avatar
        LarrytheG

        VIRGINIA
        Offenses Known to Law Enforcement 2016
        county violent crime property crime

        Arlington County 363 3,252
        Chesterfield County 469 6,546
        Fairfax County 1,052 14,511
        Henrico County 606 8,072
        Prince William County 843 5,159

        https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/tables/table-8/table-8-state-cuts/virginia.xls

      2. James C. Sherlock Avatar
        James C. Sherlock

        The state prison records do not list where the inmates come from, just where they are housed.

        I note, however, that the Virginia state prison population has declined from 29,908 in January of 2014 to 24,535 in April 2022 (-22%) during which time the state population increased +4%.

        It is fair to call that a precipitous drop in only eight years.

        One’s view of how that happened and whether it represents unalloyed progress assuredly depends upon one’s politics.

        1. LarrytheG Avatar
          LarrytheG

          Indeed. I did post crime by jurisdiction also. Didn’t you see it?

          1. James C. Sherlock Avatar
            James C. Sherlock

            My point was the stark decline in state prison population. The crime figures for jurisdictions are only useful for comparison when annotated as a percentage of the population of each jurisdiction.

        2. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          A significant portion of that decline in the prison population is related to the pandemic. Beginning in mid-2020, or maybe a little earlier, DOC stopped accepting “state-responsible” inmates from jails. It was only in late 2021, I believe, that it began accepting felony offenders from jails.

          Later, this summer, there will be data on felony convictions during that period and the effect on the “state-responsible” population.

      3. James C. Sherlock Avatar
        James C. Sherlock

        The state prison records do not list where the inmates come from, just where they are housed.

        I note, however, that the Virginia state prison population has declined from 29,908 in January of 2014 to 24,535 in April 2022 (-22%) during which time the state population increased +4%.

        It is fair to call that a precipitous drop in only eight years.

        One’s view of how that happened and whether it represents unalloyed progress assuredly depends upon one’s politics.

      4. James Wyatt Whitehead Avatar
        James Wyatt Whitehead

        This is from 7 years ago Mr. Larry. With all that has happened it might as well be 7 life times ago.

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