Just days before allegedly raping a woman at her apartment in Reston, Anthony Agee had been released from police custody on bond after being arrested on a felony drug charge, Fairfax County court records show.
Though only 22 years old, Agee has been in county courts on a variety of charges dating back to a Feb. 21, 2017 traffic violation for failing to obey a highway sign, where he paid a $30 fine, according to the General District Court’s online information system.
Though Commonwealth’s Attorney Steve Descano has faced criticism for prosecution decisions some see as overly lenient, his office says Agee wasn’t in custody in part due to a plea deal that prosecutors under his predecessor, Ray Morrogh, offered for an armed burglary attempt that occurred on April 30, 2018.
The deal was approved by a Fairfax County judge and capped the incarceration portion of Agee’s sentence at three years. He was released from jail in December 2020, according to the Fairfax County Office of the Commonwealth’s Attorney.
“Our hearts break for the victim of the tragic crime in Reston over the weekend and we will prosecute this case to the full extent of the law,” the Commonwealth’s Attorney Office said.
Since being released from jail, Agee has been arrested four times, including on March 1, 2021 for stealing a vehicle and on Feb. 23 for an incident involving a gun and breaking and entering.
In the March 1 case, Agee was charged with vehicle theft, reckless driving, failure to identify himself to law enforcement, and failure to stop at the scene of an accident. The vehicle theft charge — the only felony — was downgraded to petit larceny, a misdemeanor.
Per court records, Agee didn’t contest the charges at a preliminary hearing on Sept. 1, 2021. The case also included a civil violation for possession of marijuana that was dismissed on Jan. 20 of this year.
A Fairfax County Circuit Court judge found earlier this month that the incident constituted a violation of Agee’s probation, but the judge took no further action and let him remain out on probation, according to the Commonwealth’s Attorney’s Office.
Agee’s Feb. 23 arrest stemmed from a shooting at the Paper Moon strip club in Springfield and led to felony charges of possessing a firearm as a convicted felon and entering a structure with the intent to commit assault, battery or another felony, along with a misdemeanor for brandishing a firearm.
Agee was detained, but at an April 4 preliminary hearing, prosecutors dismissed the case without prejudice, according to court records.
The Commonwealth’s Attorney’s Office says it asked for a dismissal as a temporary measure, because the case needed further investigation, including DNA testing, search warrants, and other evidence gathering.
According to the office, the court wouldn’t have granted a delay in proceedings, so prosecutors opted to drop the cases and directed the Fairfax County Police Department to continue its investigation to obtain the necessary evidence for prosecution. The charges could be refiled once that is complete.
FFXnow asked FCPD if it was still investigating but didn’t get a confirmation by press time.
Most recently, Agee was arrested on Aug. 12 and charged with possession with intent to distribute between 1 ounce and 5 pounds of marijuana, a class 5 felony in Virginia. However, he bonded out on Aug. 15 and was not in custody when he appeared for an arraignment on Aug. 18.
Agee posted a $2,000 cash bond, which would’ve been set by a magistrate, the Fairfax County General District Court’s office told FFXnow.
Three days later, on Sunday (Aug. 21), a woman reported that a man appeared at her apartment in the 2900 block of Lovedale Lane and raped her at knifepoint, said Fairfax County police, who responded to the call around 11:50 p.m.
Police believe Agee was also involved in a peeping incident that occurred on the same street on June 9. Detectives obtained warrants for peeping and indecent exposure charges on Monday.
FFXnow was unable to contact Agee directly, since he’s being held at the Fairfax County Adult Detention Center without bond after an arraignment on Tuesday. The Fairfax County Public Defender’s Office, which is representing Agee in these cases, declined to comment.
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