Victim denies Fairfax County prosecutor's claims that she agreed with 'lenient' plea deal

FAIRFAX COUNTY, Va. (7News) — 7News was the first to report that Fairfax County Commonwealth’s Attorney Steve Descano’s office, in a plea agreement, dropped a felony charge against Wilmer Osmany Ramos Giron for allegedly strangling a woman in exchange for a guilty plea for brandishing a machete/blade in January, which is a misdemeanor, according to court documents 7News obtained.

Originally, the charges Ramos Giron faced in January 2025 were felony abduction by force, felony strangulation, and misdemeanor assault on a family member, the court documents showed.

If Ramos Giron was convicted of the original charges, he would have faced up to 15-16 years in prison. But since Descano’s office agreed to a plea deal, he only served around two months at the Fairfax County Adult Detention Center, and now he’s back out in the community, according to court documents and the Fairfax County Sheriff's Office.

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On Friday, 7News emailed Descano’s office asking why they dropped charges against Ramos Giron.

“The resolution in this case was based primarily on the victim's wishes,” said Laura Birnbaum, the Deputy Chief of Staff and Public Information Officer for Fairfax County Commonwealth’s Attorney Steve Descano. “She expressed that she wanted the defendant to face accountability, have jail time, and not contact her again (outside of communication regarding their child in common); but that she wanted to minimize the impact on his record and avoid a felony conviction.”

“With that in mind, an agreement was reached where he was convicted of two charges (A&B and brandishing), faced jailtime, is subject to a two-year protective order, and must complete mental health and substance abuse evaluation, and participate in a Batterers' Intervention Program,” Birnbaum added. “This agreement achieved the outcomes that the victim wanted."

After Descano’s office claimed the agreement was what the victim wanted, 7News Reporter Nick Minock called the victim to find out if that was true.

Minock spoke to the victim on Friday evening and Monday morning.

The victim told 7News that she was told by attorneys that Ramos Giron would serve 15-16 years in prison, and she agreed with that because she feared for her safety. She said she told the prosecutor he was harassing her.

She said she told the prosecutor she feared something would happen again.

And she told 7News she fears something will happen now that he is out.

“He’s dangerous,” she said.

The victim said Ramos Giron’s attorney asked her to agree to drop charges against him, but the victim said she refused.

The victim said that at one point, the prosecutor wanted Ramos Giron to serve a month, but she disagreed. The victim said she wanted him to serve a year at the very least.

She said more than anything, she was surprised at the prosecutor because Ramos Giron “got off easy.”

The victim said some people who drink and drive have longer sentences.

The victim told 7News she has two young children.

“If I die, who is going to take care of them?” she asked.

The victim said the man pulled a knife on her and strangled her.

Virginia Attorney General Jason Miyares told 7News that Descano’s office gave Ramo Giron a lenient plea deal.

“And you know somebody like Descano clearly views himself as a social worker instead of a prosecutor,” said Miyares, who has criticized Descano for being soft on crime. “That's not your role. Your job as a prosecutor is to vigorously protect your citizens. That's not protecting your citizens.”

Immigration and Customs Enforcement (ICE) told 7News that Ramos Giron is illegally present in the United States and that he was previously deported twice.

According to Descano’s website, Descano takes immigration consequences into account when making charging and plea decisions.

“Wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences,” Descano’s website states.

Federal immigration officials told 7News Reporter Nick Minock more information about Ramos Giron, including:

On February 17, 2012, the Loudoun County Sheriff’s Office in Chantilly, Virginia, arrested Ramos Giron for brandishing a firearm. Later that day, ICE Washington, D.C., issued Ramos-Giron a notice to appear before a Justice Department immigration judge.

On March 29, 2012, the DOJ immigration judge ordered Ramos-Giron removed from the United States to Guatemala.

ICE removed Ramos-Giron from the United States on April 19, 2012.

Officers with ICE Washington, D.C. arrested Ramos-Giron April 16, 2019, at the Fairfax County Adult Detention Center in Fairfax, Virginia, pursuant to a federal warrant for alien in possession of a firearm.

Officers issued Ramos-Giron an order to reinstate a previous removal order, Immigration Form I-871.

The U.S. District Court for the Eastern District of Virginia court convicted Ramos-Giron on July 12, 2019, of alien in possession of a firearm and sentenced him to 9 months in prison.

ICE again removed Ramos-Giron on Jan. 21, 2020, from the United States to Guatemala following his release from federal prison.

On January 27, 2025, ICE learned of Ramos-Giron’s arrest by authorities in Fairfax County, Virginia, for abduction by force, assault on a family member, and strangling another, causing injury. ICE lodged an immigration detainer/notification of release against Ramos-Giron with the Fairfax County Adult Detention Center.

The victim 7News spoke to also filed an emergency protective order against Ramos Giron in 2019, which was granted around the time he was charged with contributing to the delinquency of a minor and pointing a firearm at her.

“Cases that involve domestic violence (especially inter-partner violence) depend in large part of the participation and cooperation of the victims - prosecutors strive to seek outcomes that prioritize their safety while respecting their wishes,” Descano’s office told 7News about this case.

This isn’t the first time Descano’s office cut a plea with a defendant and the victim disagreed with the deal.

MORE | Victim, 14, speaks out about how Fairfax County prosecutors handled predator criminal case

In June 2022, 7News I-Team Investigator Scott Taylor showed Descano’s office reduced six felonies to two felonies against a man who was accused of being an online predator. 7News reported the now-convicted online predator took the deal, and the 14-year-old victim and the family’s attorney never agreed with the plea deal.