An illegal Honduran migrant who was accused of raping a woman on a Herndon, Va. trail in 2024, was deemed incompetent to stand trial at a hearing this week and will remain in state custody until his next court appearance in December.
At his upcoming December hearing, Denis Humberto Navarette Romero will be reevaluated to see if he has been “restored to competency,” the Fairfax County prosecutors’ office said.
Romero will remain in an inpatient setting with the state until his December hearing, at which time a judge will determine if he is competent to stand trial, according to the Office of the Fairfax Commonwealth’s Attorney. Unlike an insanity designation, a finding of incompetency is not sufficient to acquit a defendant. Romero will remain in custody until he’s deemed competent to stand trial.
The attack, which took place last November on the Washington & Old Dominion Railroad Trail in Herndon occurred on a trail locals believed to be safe. While the victim was walking home, Romero pulled her off the trail into the bushes and allegedly raped her, local Fairfax outlet 7News reported.
“Once the Herndon Police Department charges an individual with a crime and they are booked into custody, control of the case and all subsequent legal proceedings rests with the courts and the Office of the Fairfax Commonwealth’s Attorney,” Herndon PD said in a statement to National Review. “Decisions regarding prosecution, detention, release, and competency to stand trial are made by those judicial authorities, not by the Herndon Police Department.”
This is not the first time Romero has been accused of sexual misconduct. In 2018, he was accused of fondling a 14-year-old, and the year before, he was accused of exposing himself to two minors — a ten-year-old and 13-year-old, according to police records reviewed by the Washington Post. The victims’ parents didn’t want to talk to police and the investigation was closed with no charges.
Herndon PD had previously charged Romero with felony assault on a law enforcement officer after he was found choking a police officer, but because Romero was willing to plead guilty, Fairfax County Commonwealth’s Attorney lessened the charge to misdemeanor assault.
Back in 2024, after Romero allegedly raped the woman on the trail, he was also released back into the community.
“I am heartsick for this victim and outraged that local Fairfax County officials recklessly release violent illegal immigrants who should have been prosecuted and deported,” Virginia Governor Glenn Youngkin said in a statement. “This is a dereliction of their most basic duty to keep people safe. Prioritizing violent illegal immigrants over the safety of Fairfax residents is unacceptable.”
Virginia is not a sanctuary state, nor or any Virginia cities.
“The safety and security of Herndon residents remain our highest priority,” Herndon PD said. “Our officers will continue to investigate crimes thoroughly, make arrests when warranted, and work closely with our law enforcement partners to ensure justice and protect our community.”