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NEW: Illegal Alien Murder Suspect Was Released Day Prior After Dem Sheriff Ignored ICE Detainer

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A Salvadoran illegal alien and suspected MS-13 gang member was charged with second-degree murder after fatally shooting an unidentified man in Reston, Virginia on Wednesday, just one day after he was released from jail in deep blue Fairfax County. The case has sparked outrage since the killer was released onto the streets despite a prior first-degree murder charge, as well as the ICE detainer.

Marvin Fernando Morales-Ortez, 23, entered the United States illegally by way of El Salvador. Morales-Ortez is allegedly affiliated with the MS-13 gang, a detail argued by prosecutors in a 2021 court hearing where they claimed his involvement in a prior murder stemmed from the victim throwing up a rival gang sign.

Since 2020, Morales-Ortez has faced at least seven criminal charges in Fairfax County, including robbery, possession of concealed weapons, malicious assault, brandishing a firearm, and assault causing injury.

Notably, in 2021, he was charged with first-degree murder in connection to the 2019 killing of Jose Lorenzo Guillen Mejia in Reston, where he confessed to being present during the ambush, striking the victim three times with a machete. Several details matched the autopsy report, down to the type of weapons used, number of wounds, victim’s clothing, and location.

Prosecutors at the time argued these facts could only be known by someone involved, and a judge found probable cause during a 140-page preliminary hearing transcript. He spent 1.5 years in jail awaiting trial for this charge.

Marvin Morales-Ortez
Photo: Fairfax County Police

Additionally, ICE noted prior charges for assaulting law enforcement or first responders. His only conviction was for theft, resulting in a $300 fine that court records indicate remains unpaid. In all cases with the exception of the theft conviction, the office of Fairfax County Commonwealth Attorney Steve Descano, a Democrat, declined to prosecute, local outlet WJLA reported.

U.S. Immigration and Customs Enforcement (ICE) issued a detainer for Morales-Ortez prior to his most recent release, requesting that Fairfax County hold him for deportation due to his illegal immigration status and criminal history. Fairfax County Sheriff Stacey Kincaid has a longstanding policy of not honoring ICE detainers, however, instead opting to release illegal aliens back into the community.

Morales-Ortez was released from Fairfax County jail on Tuesday, December 16, 2025, after Descano’s office dropped his most recent charges of brandishing a firearm and assault causing injury. The office cited the victim’s unwillingness to cooperate, as they were out of the country and refused to return for court

A day later, Morales-Ortez allegedly shot and killed an unidentified adult male inside a home at 12307 Fan Shell Court in Reston, Virginia, prompting a large-scale manhunt. He was ultimately arrested later that day and is currently being held without bail.

In response to the murder, an ICE spokesperson told the Daily Caller that policies from Descano and Kincaid directly led to Wednesday’s murder. “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,” the spokesperson said.

Fairfax County Sheriff Stacey Kincaid

Sean Kennedy of Virginians for Safe Communities called the killing “a completely preventable tragedy” while speaking with WJLA. “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,” he said.

“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.”

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