A case charging Mason District Supervisor Andres Jimenez with reckless driving likely won’t be handled by the Office of the Fairfax County Commonwealth’s Attorney.
The office will request that the Fairfax County General District Court appoint a special prosecutor from another jurisdiction to the case at an adjudicatory hearing on Monday (July 20), according to Laura Birnbaum, a spokesperson for Commonwealth’s Attorney Steve Descano’s office.
“Fairfax community members trust our office to prosecute cases fairly and hold individuals accountable when they break the law, regardless of their identity,” Birnbaum said in a statement to FFXnow. “We highly value this trust and would not want to give even the slightest appearance otherwise.”
Jimenez was charged with reckless driving after allegedly traveling 120 mph on a road with a 70-mph speed limit on May 5, according to online court records. The supervisor was stopped by a Virginia State Police trooper, Annandale Today reported.
He was also cited for failing to carry a license or registration card, an infraction punishable by a $10 fine.
In Virginia, speeding is considered reckless driving if the driver is exceeding the posted speed limit by 20 mph or more, or if they’re going over 85 mph, regardless of the official speed limit. Violations are classified as Class 1 misdemeanors that could carry sentences of up to 12 months in jail and a fine of $2,500.
Jimenez’s defense attorney and the Mason District supervisor’s office didn’t respond to request for comment by press time.
The confirmation that a special prosecutor will be requested for the potentially sensitive case comes after a frequent critic of Descano called for the commonwealth’s attorney’s office to recuse itself.
In letters to Descano and Fairfax County General District Court Chief Judge Tina Snee, the nonprofit Virginians for Safe Communities argued that letting the commonwealth’s attorney’s office prosecute the case would raise “substantial” conflict-of-interest issues, given Jimenez’s role as a member of the Fairfax County Board of Supervisors and a “political ally” to Descano.
In addition to both being Democrats, Jimenez was an inaugural member of the Justice Advisory Council that Descano convened during his first year in office in 2021. Makan Shirafkan, who is listed in court records as Jimenez’s defense attorney, was also appointed to the council, which was established to provide community input on potential criminal justice reforms.
Sean Kennedy, president of Virginians for Safe Communities and Springfield District’s representative to the county’s Criminal Justice Advisory Board, noted that, as a county supervisor, Jimenez also has authority over the annual budget that funds Descano’s office.
From the letter Kennedy sent this morning to Descano:
Even if every decision were entirely proper, a reasonable member of the public could question whether political and institutional relationships played a role. That appearance alone undermines public trust. Recusal is therefore the prudent and necessary safeguard, not because any wrongdoing is proven, but because the integrity of the process must be beyond question. An independent prosecutor with no such ties can make charging and disposition decisions without any reasonable doubt about impartiality.
Elected to succeed longtime Mason District Supervisor Penny Gross in 2023, Jimenez highlighted pedestrian safety, economic development and public art projects as some of his priorities for his first term in office. Like the rest of the Board of Supervisors, his seat will be on the ballot in November 2027, though he hasn’t officially announced yet whether he’ll seek reelection.
