Illegal immigrant allegedly attacks police in Virginia — after dodging prosecution for allegedly choking his wife

Fairfax County officials are facing heavy criticism after the suspect in a violent domestic dispute and an attack on a cop turned out to be an illegal immigrant who was never prosecuted despite allegedly attacking his wife in April.

Officers responding to a domestic disturbance call attempted to arrest Nehemia Fuentes Banegas on Tuesday after he allegedly stabbed himself while threatening his wife. Fuentes Banegas then allegedly fled on foot, hid in a bush, and lunged for a police officer's service weapon in a frenzied ambush, according to police.

'3 in 10 residents of the county are immigrants.'

Fuentes Banegas was shot by officers in the ensuing struggle, though the bullet only grazed his shoulder. He is being held without bond at the Fairfax County Adult Detention Center.

Fuentes Banegas was previously cited for reckless driving and driving without a license, according to court records. His race was recorded as white.

Fuentes Banegas is a Honduran national who illegally entered the country in 2022, according to the Department of Homeland Security.

“This criminal illegal alien from Honduras attacked a law enforcement officer and attempted to take the officer’s gun,” DHS spokesperson Lauren Bis said in a statement. “He has now been charged with attempted disarming of a law enforcement officer.”

“ICE is calling on Governor Abigail Spanberger and her fellow sanctuary politicians to commit to not releasing this dangerous criminal from jail,” she continued.

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Fairfax County J&DR Court Database

In 2021, Fairfax County Commonwealth’s Attorney Steve Descano signed a procedure memorandum barring cooperation with federal immigration authorities.

“To improve community safety, restore trust, and ensure all have equal protection of the law, employees of the Fairfax County Commonwealth’s Attorney’s Office shall not assist federal agents with civil immigration enforcement,” the memo reads.

The document also notes that “3 in 10 residents of the county are immigrants.”

Descano Chief of Staff Laura Birnbaum acknowledged that Fuentes Banegas recently faced other criminal charges. A warrant reveals he was accused of "imped[ing] the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway ... resulting in wounding or bodily injury."

“Nehemia Fuentes faced charges earlier this year, but his wife, the victim in the case, indicated to prosecutors and other officials at a hearing in May that she did not want to prosecute at the time,” Birnbaum told Blaze News. “This kind of outcome is not uncommon in situations involving domestic violence, where prosecutors have little recourse if a case hinges on a victim’s testimony or cooperation.”

Commonwealth of Virginia/Warrant of Arrest

Birnbaum directed Blaze News to Sheriff Stacey Kincaid when asked if authorities notified ICE after Fuentes Banegas’ initial arrest.

“As required by statute, whenever an undocumented person is booked into the Fairfax County Adult Detention Center, ICE is notified that person has been taken into custody,” a sheriff’s office spokesperson told Blaze News.

The Fairfax County Police Department directed Blaze News to its press release when reached for comment.

“As they were responding to the scene, they encountered both the husband, our suspect, running from the scene and the wife pointing out to our responding patrol officers that, ‘Yes, that is in fact my husband,’” Fairfax County Police Chief Kevin Davis said in a press conference.

“Our suspect takes his right hand, he grabs the firearm that the police officer had in his hand,” Davis said. “The officer, obviously startled, discharged his firearm three times.”

A trial date has yet to be set. ICE has lodged a detainer for Fuentes Banegas, a DHS spokesperson told Blaze News.

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