Virginia judge boots liberal DA off criminal case for 'misleading' public, GOP AG prepared to take over

The suspect is accused of 'a possible 12 burglary crime spree spanning four counties over 10 days'

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A Loudoun County, Virginia, judge removed the county’s Commonwealth’s Attorney Office from a serial burglary case for "deliberately misleading the Court and the public." The state’s Republican attorney general is now ready to step in after calling the move "unprecedented."

"The Commonwealth is deliberately misleading the Court, and the public, in an effort to ‘sell’ the plea agreement for some reason that has yet to be explained," Loudoun County Circuit Court Judge James Plowman wrote in an order removing the county’s Commonwealth's Attorney Office, headed by Buta Biberaj, from the criminal case. 

The order follows a case concerning burglary suspect Kevin Enrique Valle, who was charged with three misdemeanors for destruction of property and false identification, and two felonies for burglary, Fox 5 reported. 

Plowman said prosecutor Michele Burton offered a six-month plea deal to Valle by downplaying Valle’s previous criminal history and not including other burglary charges against him. 

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Suspect Kevin Enrique Valle, who is accused of being involved in 12 burglary cases in Northern Virginia 

Suspect Kevin Enrique Valle, who is accused of being involved in 12 burglary cases in Northern Virginia  (FOX 5 )

The judge said the plea agreement from the Commonwealth’s Attorney Office stated the crimes occurred within a matter of hours last year, which he said is "entirely inaccurate" as Valle is accused of "a possible 12 burglary crime spree spanning four counties over 10 days."

Plowman, who previously served as the Loudoun commonwealth’s attorney before Biberaj’s election in 2019, said Burton showed she was incapable of prosecuting the case "consistent with professional standards," Fox 5 reported.

"Biberaj and the Loudoun County Commonwealth’s Attorney’s Office is hereby REMOVED AND DISQUALIFIED from further prosecution as counsel of record in this matter," the judge wrote. 

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Loudoun County Commonwealth's Attorney Buta Biberaj

Loudoun County Commonwealth's Attorney Buta Biberaj (Loudoun County Virginia)

Plowman also recused himself from the case "unless the parties agree otherwise" and ordered the Fauquier Commonwealth’s Attorney’s Office to prosecute the case.

The state’s Republican Attorney General Jason Miyares sent a letter to the chief judge for the 20th Judicial Circuit on Monday saying the court "has rightfully lost confidence" in Biberaj and her office. His office is now ready to assist and even prosecute the case "considering this unprecedented development," according to the letter which was provided to Fox News Digital on Tuesday. 

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Attorney general candidate Jason Miyares speaks during a campaign rally in support of Republican gubernatorial candidate Glenn Youngkin.

Attorney general candidate Jason Miyares speaks during a campaign rally in support of Republican gubernatorial candidate Glenn Youngkin. (Zach Gibson/Getty Images)

"Please know that my office stands at the ready to ensure that the victims of these serious crimes receive justice, and that the perpetrator is held accountable thereby ensuring that the citizens of Virginia feel safe in their homes," Miyares wrote. 

Biberaj, who received contributions from George Soros' Super PAC in 2019, has previously come under fire for how she runs the office, with one former prosecutor telling Fox 5 that employees were "pushed to bond people out in domestic violence cases."

"Buta pushes to let people out generally," the former prosecutor told the outlet while speaking on the condition of anonymity. 

Earlier this year, the chair of the Loudoun County Board of Supervisors voiced outrage with Biberaj after Fox 5 reported her office hired a convicted sex offender as a paralegal. 

Biberaj's office has not responded to Fox News Digital's request for comment. She did break her silence during a press conference Tuesday, telling the state's attorney general to "stay in your lane" and argued her office has lowered crime in the area. 

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"This is a specific message to Attorney General Jason Miyares, 'Stay in your lane'," Biberaj said Tuesday. "Your lane is in Richmond. Your lane is being the attorney general of Virginia. You are not the elected council attorney and definitely nor for Loudoun County. Since his election, he's been wanting to undermine the good work that we do as progressive prosecutors."