RESTON, Va. - The Reston man accused of raping a woman at knifepoint Sunday was free in the community despite multiple other arrests and probation violations that could have kept him behind bars.
Anthony Agee, 22, is a young man, but already knows the justice system well.
In 2018, when he was 18, he took a plea deal in an armed burglary case and served less than three years in prison. He was released in December 2020, according to the Fairfax County Commonwealth’s Attorney’s Office, and was placed on probation.
Just three months later, he was under arrest again. Fairfax County police say Agee stole a car, wouldn’t stop for an officer and crashed into a parked car near homes.
"He was pretty much flying according to what I heard," said Joshua Funk, whose car was hit. "It was pretty frightening to be honest in an area where you have kids."
Funk’s Reston home is just a few hundred feet away from where Sunday’s rape occurred off of South Lakes Drive.
"Now knowing it’s the same guy, it’s shocking," Funk said.
Court documents show Agee was sentenced to 180 days in the case, but it was all suspended.
Then in February of this year, police say Agee was kicked out of Springfield gentleman’s club Paper Moon and then forced his way back inside with a gun, which investigators say was caught on surveillance video. Police say Agee and another man started shooting outside the business.
According to a summary from Fairfax County Police: "No injuries were reported at the business. Detectives collected 19 spent 9mm cartridge casings recovered in multiple distinct piles in the parking lot. Agee was located at a nearby hospital with non-life-threatening injuries related to the shooting. Agee was arrested and charged with burglary, possession of a firearm by a convicted felon, and brandishing."
But the Fairfax County Commonwealth’s Attorney’s Office says they didn’t have enough to move forward with the case. According to an email sent to detectives, Agee’s gun was never recovered and prosecutors requested additional evidence. The case was dismissed through nolle prosequi which means charges can be brought back.
Earlier this month, Agee was in court on a probation violation for the stolen car case, which court sources say had gotten pushed back, and even though the judge found he had violated his probation, the judge decided not to lock him up.
Later that same day, on August 12, Fairfax County police say they caught Agee with more than a pound of marijuana in his car in addition to paraphernalia. Police say he was charged with felony possession of marijuana and intent to distribute. He was later released on a $2,000 bond, despite his probation terms from the 2018 case.
It was just days on August 21 that police say Agee raped a woman at knifepoint inside her Reston condo on Lovedale Lane.
At a press conference Tuesday Fairfax County Police Chief Kevin Davis said Agee had also been peeping into windows in the area over the summer and police added charges for peeping and indecent exposure.
Davis said they believe he could be linked to even more crimes.
"We’re looking to connect him to any other crimes, unsolved, unreported, we’re not done with him yet," Davis said Tuesday. "But he’s off the streets, that’s the good news."
Davis went on to say that everyone should be asking why Agee was free and able to do this.
Funk said the rape is the last straw, and he’s moving his family to Loudoun County. He says he thought Fairfax was tough on crime, until now.
"It sounds to me like it’s not, it’s not happening, so something has to change in the system," Funk said.
FOX 5 reached out to the Virginia Department of Corrections, the agency that would be handling Agee’s probation.
In a statement a spokesman said, "The Probation and Parole District made all necessary notifications following Mr. Agee’s arrests. The determination to detain him in each instance is not made by the Virginia Department of Corrections. Mr. Agee was seen in court following his August 12 arrest and was not detained at that time. VADOC had notified the involved parties of this arrest and charge."
The Fairfax County Commonwealth’s Attorney’s Office said in a statement: "Our hearts break for the victim of the tragic crime in Reston over the weekend and we will prosecute this case to the full extent of the law. Unfortunately, the suspect in this case was out on probation because the prior Commonwealth’s Attorney’s Office offered, and the judge approved, a plea deal for a 2018-armed burglary that capped active incarceration at three years."