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Virginia DA’s Controversial Plea Deal: Illegal Immigrant and Accomplice Receive 5-Year Sentence for Murder

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In a controversial decision, two men who confessed to murder, including one undocumented immigrant, have each been sentenced to just five years in prison. This outcome is the result of a plea deal brokered by a progressive prosecutor in Virginia.

Maldin Anibal Guzman and Wis Alonso Sorto-Portillo admitted to their involvement in the 2024 group killing of Nicacio Hernandez Gonzalez. The victim was discovered dead with signs of trauma in Fairfax County, according to police reports.

Both individuals entered guilty pleas to second-degree murder by mob. They received 25-year prison sentences, with 20 years suspended, effectively leaving them with five years to serve. This information was obtained by Fox News, and a judge has approved the plea deals.

Steve Descano, Fairfax County Commonwealth’s Attorney, managed to secure these guilty pleas. His office argued that the case, which could have led to much longer sentences, was hindered by a lack of crucial physical evidence.

Marvin Joseph/The Washington Post via Getty Images

The case features Fairfax County Commonwealth’s Attorney Steve Descano and the mugshots of Maldin Anibal Guzman and Wis Alonso Sorto-Portillo. Both men pleaded guilty to second-degree murder by mob in relation to the 2024 killing in Oakton. (Marvin Joseph/The Washington Post via Getty Images; Fairfax County Police Department)

Descano’s office defended the agreement, telling Fox News the deal was “the only way to ensure that the defendants were incarcerated.”

“There was no DNA or any physical evidence at the scene. All witnesses in this case were terrified to come forward or assist with prosecution,” the office said.

Immigration and Customs Enforcement confirmed that Guzman is an unlawfully present Honduran national who entered the U.S. illegally in 2018 and was ordered removed by an immigration judge in 2019.

ICE said it lodged multiple detainers against Guzman between 2022 and 2023, but the Fairfax County Adult Detention Center declined to honor them and released him from custody.

The agency also said Guzman has prior convictions, including burglary and assault, before his arrest in the 2024 killing.

ICE said it has no record of interaction with Sorto-Portillo.

Hernandez Gonzalez was found dead in a wooded area in the 9500 block of Route 29 in Oakton just after 3 p.m. on July 20, 2024, according to Fairfax County police.

Detectives arrested Guzman, 27, and Sorto-Portillo, 45, both listed as having no fixed address, and initially charged them with malicious wounding by mob. A third suspect, Wilmer Adli Guzman, 20, was later arrested in Washington, D.C., police said.

Fairfax County Police Department in Virgina

Fairfax County Police Department headquarters in Virginia. (Google Maps)

Descano’s office has pursued a reform agenda since he took office in 2020, including ending requests for cash bail and implementing sentencing policies aimed at reducing incarceration, according to his office’s website.

The case comes as Fairfax County has seen multiple homicide cases involving illegal immigrants this year, according to reporting cited by federal officials.

The Department of Homeland Security highlighted the trend on social media, calling on Virginia leaders to change policies they say allow illegal immigrants accused of violent crimes to remain in communities.

Abigail Spanberger speaks in Richmond

Virginia Gov. Abigail Spanberger was criticized by DHS.  (Al Drago/Getty Images)

The county’s illegal immigrant crime problem has not abated: of four murders this year, three were allegedly committed by illegal immigrants, according to DHS.

“Governor Spanberger must end her sanctuary policies that allow these illegal aliens onto our streets,” the agency wrote. 

She has not responded to multiple requests for comment from Fox News.

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