Virginia’s attorney general is apparently seeking to revive a Fairfax indecent exposure case against a person who was subsequently charged with allegedly exposing himself in a girls’ locker room at Washington-Liberty High School in Arlington.
In a Feb. 11 letter to Fairfax County Commonwealth’s Attorney Steve Descano, Attorney General Jason Miyares accused the county’s top prosecutor of undermining public safety after a case charging Richard Kenneth Cox with indecent exposure at a Planet Fitness in Fairfax City was dismissed last summer.
According to Miyares, Cox, a registered sex offender, was later trespassed from Oakmont Rec Center on Nov. 3, 2024 for violating the registration terms, which prohibits any contact with children at a gymnasium or athletic facility owned or operated by a local government.
Arguing that the two incidents were insufficiently investigated, Miyares told Descano to transfer his office’s case files so the Office of the Attorney General’s Criminal Division can take over.
“Community safety is the primary obligation of law enforcement,” Miyares wrote. “Your failure to examine these criminal allegations against Cox undermines public safety, the well-being of our citizens, and derogates your oath to faithfully enforce the laws of the Commonwealth.”
However, the Fairfax County Commonwealth’s Attorney’s Office says it doesn’t have any criminal case that can be turned over.
A magisterate issued a warrant charging Cox with indecent exposure after a complainant reported an incident at Planet Fitness (11001 Lee Highway) on June 10, 2024, according to court records and the Fairfax County Police Department.
However, the charge was promptly dismissed by a judge when the witness who brought it didn’t appear for the initial court hearing, Commonwealth’s Attorney spokesperson Laura Birnbaum told FFXnow. The dismissal was finalized at an adjudicatory hearing in Fairfax County General District Court on July 25, 2024.
Oakmont Rec Center issued a no-trespass order against Cox for the Nov. 3 visit, and an investigation was conducted, but no criminal violations were found, the FCPD says.
“Prosecutors had no opportunity to be involved in this matter,” Birnbaum said in a statement. “It is frankly embarrassing that our Attorney General, who was himself a local prosecutor, continues to mislead the public about how Virginia courts work. Once again, Miyares relies on fearmongering to score political points instead of working to make our community safer.”
Miyares, a Republican, is currently running for a second term as attorney general.
According to online records, Cox is facing seven criminal charges in Arlington County General District Court: three for indecent exposure, including for the Oct. 21 incident at Washington-Liberty High School; three for loitering at a school after a sex conviction; and one for identity theft. The offense dates range from Oct. 21 to Dec. 6, when he was arrested at Barcroft Sports & Fitness Center.
In addition to raising safety concerns among parents, the Arlington cases have garnered attention from that county’s Republican Party after WJLA reported that Cox gained access to the high school’s bathroom by identifying as transgender.
Cox’s gender is listed as female for the most recent Arlington County charges.
According to Fairfax County court records, Cox previously faced charges of child pornography possession, violating probation and failing to register as a sex offender. The child porn and probation charges resulted in guilty pleas, while the failure-to-register charge was dismissed in 2021.
