In a tragic loss of life, Marvin Fernando Morales-Ortez, a 23-year-old Salvadoran illegal immigrant with prior charges, including a dropped 2021 murder case, was released from Fairfax County jail on December 16, 2025, after prosecutors dropped assault and firearm charges due to the victim’s non-cooperation, despite an ICE detainer.
For context, on the next day, he allegedly shot and killed his roommate in Reston, Virginia, leading to his arrest for second-degree murder. Critics, including DHS and ICE, blame local “sanctuary” policies for the preventable tragedy, while officials cite legal constraints.
Adding context to this trasgic ecent, an ICE spokesperson laied the blame at the feet of local officals. “Fairfax County FAILED the victim by refusing to work with ICE and releasing this criminal alien onto Virginia streets instead of safely into ICE custody. If Fairfax County would have simply worked to uphold our nation’s laws, then this tragedy may have never happened,” a statement read.
Similarly, aghast, Sean Kennedy, who works for Virginians for Safe Communities, said, “There has to be accountability here because the gross negligence is on the part of the commonwealth’s attorney. Steve Descano and his office failed here.”
Continuing his condemnation, Kennedy added, “This is not an outlier. This is the rule of thumb for this office. This individual was likely to commit more crimes. They knew it, and they didn’t care.” He also characterized the even as “a completely preventable tragedy.”
Issuing a personal comment on the slaying, Fairfax County Sheriff Stacey Kincaid revealed, “I am deeply saddened by the tragic violence that occurred in Reston earlier this week. My thoughts are with everyone who has been affected by the fatal shooting.”
His offfice issued an offical statement, which noted, “I am deeply saddened by the tragic violence that occurred in Reston earlier this week. My thoughts are with everyone who has been affected by the fatal shooting.”
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Adding more details, the official stated, “The suspected shooter, Marvin Morales Ortez, was arrested and booked into the Fairfax County Adult Detention Center (ADC) on September 14, on charges of aggravated malicious wounding and brandishing a firearm. On December 16, these charges were dropped.”
Slaming local prosecutors, he kept going. “The release of Morales Ortez was the result of a prosecutorial decision that there was not sufficient probable cause to proceed. The court order dismissing the case required the immediate release of the inmate,” Kincaid declared.
Still not done, he exclaimed, “The Fairfax County Sheriff’s Office follows all local, state, and federal laws when determining whether a person is subject to release from the ADC. Immigration and Customs Enforcement (ICE) is automatically notified any time a person is booked into the ADC.”
Still not done, the officer dug into the case details. “To ensure an undocumented person continues to be held, a judicial warrant is required. In this instance, ICE was aware of Morales Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody,” the statement read.
Wrapping up the document, the Sheriff noted, “Accordingly, and consistent with our policies and the law, once the court issued an order dismissing his cases, Morales Ortez was released. At the end of the day, there is only one person responsible for this terrible crime. It is our sincere hope that person is brought to justice.”
Watch Kristi Noem comment on how she’s going after sanctuary city officials here: