Norfolk’s Progressive Prosecutor Comes Under Fire

Ramin Fatehi

by James A. Bacon

Excellent reporting by the Virginia Mercury’s Jim Morrison highlights the debate in Norfolk over the rising homicide rate since 2020. In this two-part series (here and here) he describes how the city’s “progressive” Commonwealth Attorney Ramin Fatehi, who campaigned on the premise that structural racism is the root cause of criminality, has become the focus of the controversy.

Fatehi has championed a panoply of policies to combat “explicit and implicit bias, mass incarceration, the school-to-prison pipeline, and the criminalization of poverty, homelessness, mental illness, and substance-use disorder.” In practice that has meant seeking cash bail less often and charging suspects with lesser crimes, often reducing felonies to misdemeanors.

Norfolk’s 2022 homicide total, 63, was the highest the city had seen since the mid-1990s. In 2021, there were 62 murders. From 2012 through 2019, the city suffered between 29 and 43 murders annually.

Fatehi, of course, blames outside factors such as economic insecurity, the flood of guns, and the COVID pandemic. The spike in homicides has occurred in many places, he says, not just in cities with progressive prosecutors.

It is difficult to disentangle the “root causes” of the increase in homicides because the surge coincided with three social/economic tidal waves: the COVID-19 pandemic, the George Floyd protests in 2020, and the economy’s increasingly acute labor shortage in multiple professions including law enforcement. Fatehi did not assume office until January 2022.

The Norfolk Police Department is more short-staffed than ever. Less publicized, the Commonwealth Attorney’s office has been afflicted by high turnover as well. According to the Virginia Mercury, 22 prosecutors left the office in the 18 months after Fatehi won the Democratic Party primary in June 2021. About two-thirds moved to prosecutors’ offices in Chesapeake, Suffolk, and Virginia Beach.

The Mercury’s Morrison is balanced in representing the perspectives of both Fatehi and his critics. Perhaps the most interesting observation does not fit into the “progressive” or “conservative” schools of commentary. Norfolk City Manager Larry “Chip” Filer contends that patterns of gun violence are changing.

Gun violence in the past, Filer said, was economic — drugs, burglary, robbery. Now, though, he said, “relational violence” seems to be the main driver. “Very rarely is our gun violence occurring between folks that don’t know each other,” he said.

“It took us quite a while to figure out what was happening, and particularly why it was happening,” Filer added. “One of the very first steps we took was to recognize that the violent crime, that particularly gun crime that we were seeing, was different than it had ever been in the city’s history. It was very personal. It was mostly between folks who knew each other, had a beef and were settling scores.”

Others observe that homicides have almost always occurred between people who knew each other — domestic violence, drunken brawls, disputes between rival gangs, and the like. True. But there is something different now. Many homicides arise from arguments on social media. Young men are shooting one another because they feel dis-respected. I think Filer is on to something.

Whatever the case, Morrison makes it clear that Norfolk police and city leaders aren’t buying what Fatehi has to sell. Voters still have two and a half years before they have to decide whether he is the solution to the problem — or part of the problem.


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Comments

22 responses to “Norfolk’s Progressive Prosecutor Comes Under Fire”

  1. Good for Norfolk for finally getting what it has always wanted…

  2. DJRippert Avatar
    DJRippert

    ” … structural racism is the root cause of criminality …”

    That’s about as absurd as you can get. Was structural racism the root cause of the Italian Mafia? The Aryian Brotherhood? Hell’s Angels? Ted Bundy?

    1. James McCarthy Avatar
      James McCarthy

      Don’t know about Ted Bundy or Hell’s Angels; but the Aryan Brotherhood traces its violence to white supremacist ideologies. Historians record that Italian immigrants were singled out for immigration denial in the 1900s. My experience in NYC suggests that, while not classic structural racism, members of the Mafia were surely resentful of the dominant cultures in society. Root cause? Maybe not. Contributing? Maybe.

      1. DJRippert Avatar
        DJRippert

        Maybe a contributor in the case of the original mafia but anti-Italian prejudice was long gone by the time people like John Gotti rose to power.

        Also – the Unabomber, Jeffrey Dahlmer, Charles Manson, etc.

        Plenty of White criminals who did not become criminals because of structural racism.

        1. Lefty665 Avatar
          Lefty665

          In Dahmer’s case it was gay dietary considerations. Manson’s was pathological manipulation he learned at the hands of our prison therapists. The Unabomber was/is just crazier than a bedbug. You are right, structural racism didn’t even make the list of motivations for them.

    2. Eric the half a troll Avatar
      Eric the half a troll

      A. There is a difference between “root cause” and sole factor. I don’t think anyone says structural racism is to blame for every crime.

      B. The line you quoted is JAB’s characterization and not necessarily Morrison’s.

      1. DJRippert Avatar
        DJRippert

        Fair point on JAB’s characterization. I trust Bacon to get the essence of things right.

        Also, there are far more more White people in US prisons than any other race. How did that happen if racism is the root cause of criminality?

        https://www.bop.gov/about/statistics/statistics_inmate_race.jsp

        1. Eric the half a troll Avatar
          Eric the half a troll

          That old disproportionate thing is at play…. Your trust is clearly misplaced, btw…

  3. Thomas Dixon Avatar
    Thomas Dixon

    Do not depend on government to protect you. Do not depend on government to solve societal problems.

  4. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    Do human beings have free will or don’t they? If so, these “other factors” are not a cause of a crime. They can be contributing factors but ultimately, a person is responsible for his or her decisions, absent mental illness that prevents a person from knowing right from wrong. Consideration of contributing factors should be considered in setting punishment but not in determining guilt.

    If human beings don’t have free will, they are not responsible for their choices. But then, this means that no one is responsible for her/his choices, including all the people that have been canceled from history. And if no one is responsible for their choices, are we human beings?

    If one argues that some people are responsible for their decisions while others aren’t, isn’t that really an argument that some people are human, but others are less than human? I sure don’t want to go there.

    1. James McCarthy Avatar
      James McCarthy

      “Consideration of contributing factors should be considered in setting punishment but not in determining guilt.” That seems to be the fair point of reform prosecutors as opposed to the shoot first, question later advocates. Recognizing contributing social factors to criminal behavior is simply equitable. No more or less human.

      1. WayneS Avatar

        The “determining guilt” part never occurs if a “reform prosecutor” refuses to bring charges.

      2. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        Laws should be enforced consistently across a state. It’s wrong to have people prosecuted in a rural county but not in an urban county for the same crime. It’s wrong to have sanctuary cities or counties for either illegal immigration or enforcement of gun laws.

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    Of the two articles cited by Jim, only one deals with the Commonwealth’s attorney. The other discusses the steps Norfolk is taking to diminish violent crime.

    Most of the problems with the CA’s office cited in the article seem to stem, not from his “progressive” approach, but from his inexperience and the inexperience of his assistants. That is not meant to excuse the mistakes, but assign the proper blame. As he gains more experience, establishes better relationships with the judges, and the police, the mistakes should decrease significantly. If they don’t, he should be defeated for re-election,

    1. Were all the experienced CAs replaced when he took office, or did he fire the remaining staff, or did he keep them but ignore their advice?
      If it wasn’t the more progressive approach he campaigned on, why did he make the decisions he made? EG, other than the progressive agenda, why go to reduced/no bail, etc?
      Are the victims because he’s on the early stage of the learning curve, or are they just some of the eggs you have to break to make the progressive omelette?
      Equity would be giving him as much understanding and tolerance as the left gave Trump and Reagan.

      1. WayneS Avatar

        This is from one of the Virginia Mercury articles: Since [Fatehi] won the Democratic primary in June 2021, virtually assuring his election, at least 22 lawyers in the Norfolk Commonwealth’s Attorney’s Office have left, about two-thirds of them for prosecutors’ offices in Chesapeake, Suffolk and Virginia Beach.

        Maybe those lawyers saw some handwriting on some walls and did not want to be part of what they knew was coming.

  6. Stephen Haner Avatar
    Stephen Haner

    No question, Virginia Mercury is not a “conservative” voice. It leans left, but respects the profession of journalism in doing so. The political outcome it seeks has not changed. Smart Democrats are finally figuring out the years-long effort to undercut the police and the courts is a big time political loser. Their own voters in the victimized neighborhoods have had it. See what happened to Lightfoot in Chicago. The Soros movement may have lasted all of one election cycle with a bunch of one term and outs.

    Imagine if Republicans could learn from their mistakes! Sigh…

    1. WayneS Avatar

      The Soros movement may have lasted all of one election cycle with a bunch of one term and outs.

      I’ll believe it when I see it, but I hope it comes to pass.

  7. James C. Sherlock Avatar
    James C. Sherlock

    There could be a tendency among some to think that if bad guys are shooting other bad guys, society should offer to hold their coats.

    That, however, disregards the culture of violence in which their children are being raised. Society has to intervene to stop it. The Commonwealth Attorney is an enabler. He needs to be recalled.

    1. WayneS Avatar

      As has been noted numerous times on this blog, there is no such thing as a “recall” in Virginia.

      In Virginia, the People may only remove elected officials from office via the ballot box at reelection time, or by following the arduous legal process described in Code of Virginia, Title 24.2, Chapter 2, Article 7 ( § 24.2-230 through § 24.2-238 ).

      It is ultimately a judicial process, not an electoral one.

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