The federal government is now leveling its own criminal charge against the man accused of a recent murder in Reston.
The U.S. Attorney’s Office for the Eastern District of Virginia has charged 23-year-old Marvin Fernando Morales Ortez with possessing a firearm as someone who is “illegally” present in the U.S.
“This office is resolute in enforcing the immigration laws of the United States, and we will vigorously prosecute individuals who commit acts of violence in our communities,” U.S. Attorney Lindsey Halligan said in a press release. “We are committed to holding accountable those who choose to ignore our laws and threaten or harm our residents.”
Morales Ortez was arrested by the Fairfax County Police Department on Dec. 17 after allegedly shooting 40-year-old Marvin Ernesto Morales at their shared home in the 12300 block of Fan Shell Court earlier that day.
The FCPD has charged Morales Ortez with second-degree murder and using a firearm in the commission of a felony.
According to an affidavit submitted by an ICE deportation officer, Morales Ortez, a native of El Salvador, and his mother were detained by the U.S. Border Patrol in Hidalgo, Texas, after they entered the country on Sept. 16, 2016.
Though it’s unclear what happened during that Border Patrol encounter, Department of Homeland Security records indicate that Morales Ortez “does not have any immigration benefit, document, or status that would allow him to enter, be admitted, pass through, or reside in the United States legally,” the affidavit says.
The ICE officer said an expert with the Bureau of Alcohol, Tobacco, Firearms and Explosives confirmed that the Glock gun recovered by the FCPD and allegedly used in Marvin Ernesto Morales’s killing wasn’t manufactured in Virginia.
“According to Glock’s website, Glock firearms are manufactured in the countries of Austria and Slovakia and in the state of Georgia. Accordingly, there is probable cause to believe that the firearm MORALES possessed traveled in interstate and/or foreign commerce,” making it a federal crime, the affidavit said.
If convicted on the federal charge, Morales Ortez could face up to 10 years in prison.
It’s unclear if the federal charge could affect the timing of the county’s court proceedings, since both cases are still in their early stages. But Laura Birnbaum, a spokesperson for the Fairfax County Commonwealth’s Attorney’s Office, indicated that local prosecutors are open to working with their federal counterparts.
“Public safety is improved when federal, state, and local law enforcement agencies coordinate — this case is one of those examples,” Birnbaum said. “Marvin Morales Ortez continues to face state charges on second-degree murder and use of a firearm in commission of a felony.”
However, Fairfax County Public Defender Dawn Butorac, whose office is representing Morales Ortez, criticized the U.S. Attorney’s Office for getting involved in the ongoing murder case, suggesting that federal prosecutors are using the case for political gain due to Morales Ortez’s undocumented status.
“Charging someone with a crime should never be a politically motivated decision. However, it is clear that is exactly what this is,” Butorac said by email to FFXnow. “The state charges should play out and the federal government should focus on more important things.”
In November, a federal judge tossed indictments of former FBI director James Comey and New York Attorney General Letitia James after finding that Halligan has been serving as the interim U.S. attorney for the Eastern District of Virginia unlawfully since her appointment on Sept. 22. The Justice Department has appealed those rulings.
Morales Ortez remains in custody at the Fairfax County Adult Detention Center after an arraignment on Dec. 18. He’s currently scheduled for a preliminary hearing in Fairfax County General District Court on March 11, 2026, when a judge will determine whether there’s probable cause to send the case to a grand jury.
He was the subject of previous criminal cases, but all prior charges were eventually dropped, including one for a 2019 murder in Reston that was later determined to be the work of another man who was convicted last year.
Just a day before Marvin Ernesto Morales was found fatally shot, Fairfax County prosecutors dropped malicious wounding and brandishing charges against Morales Ortez after the victim declined to travel to testify in court, leaving the case without critical evidence.
The Fairfax County Sheriff’s Office confirmed that it had received an administrative detainer from ICE on Sept. 14 for Morales Ortez after he was arrested for the malicious wounding incident.
However, in accordance with its established policies, the sheriff’s office requires a court-issued warrant before it will detain a person for ICE, a step that wasn’t taken in this case. ICE agents also could’ve picked up Morales Ortez when he was released from the county jail on Dec. 16, the sheriff’s office said.
Photos via FCPD/X
