Black Community Opinions

The Hotly Contested Race For Norfolk Commonwealth’s Attorney

By Leonard E. Colvin
Chief Reporter Emeritus
New Journal and Guide

Virginians are facing another year of elections with races for Governor, Lt. Governor, Attorney General and all of the seats in the State House and Senate on the ballot.

At the local level, the “Constitutional Offices” of City Treasurer, Commissioner of the Revenue, Commonwealth’s Attorney and Sheriff also are on the ballot.

One race that is capturing attention in Norfolk is that of the city’s Commonwealth’s Attorney (CA) and the contest between the incumbent and his challenger.

Norfolk citizens who vote in the June 17th Primary will make the decision because both men are representing the city’s dominant Democratic Party. The victor will be listed on the November ballot; however, the all-important deciding votes will come on June 17th.

Norfolk’s CA’s Office is one of busiest. It is powered by 40 prosecutors, 45 support staff, an $8.6 million dollar budget, (47 percent from the city, 42 percent from the state), and 11 percent from grants.

It is the job of the CA’s Office to prosecute all felony charges and some misdemeanor charges resulting from violations of the Criminal Code of Virginia.

42nd Annual Norfolk Waterfront Jazz Festival

Currently, it is headed by first term incumbent Ramin Fatehi, who is being challenged by political novice and former Navy JAG officer, John F. Butler.

Both candidates are Democrats and each has significant support from respected and leading members of the Black community.

Both men are Virginia natives, 46, married and are raising children in Norfolk, have admirable personal and professional backgrounds, according to their supporters.

While Fatehi has made close connections in the city’s majority Black Wards through years of community events and civic leagues, Butler says he has, too. He is a member of the Historically Black Basilica of St. Mary of the Immaculate Conception.

Both believe their experiences at the bar over the years have taught them to fight for justice for both victim and the villain.

Fatehi announced his reelection bid with the endorsement of U.S. Congressman Robert Scott, and the Virginia Speaker the House Don Scott, along with Black Community and Faith leaders. Fatehi also has the endorsement of Butler’s old boss, former Attorney General Mark Herring, and former elected officials Paul Riddick, Algie Howell, and Andy Protogyrou.

Butler’s support comes from Norfolk’s top political and long-time elected leaders who are endorsing him, including, the current Mayor Kenneth C. Alexander, City Treasurer Daun Hester, Commissioner of Revenue Blythe A. Scott, and Sheriff Joe Baron, who are featured prominently on his campaign material, as well as three sitting council members.

Matters of public safety and leadership/management styles appear to be the two major areas where the men differ on what each will bring to the Office.

Who Are The Candidates?

Ramin Fatehi joined the Norfolk CA’s Office in 2012 and was elected CA in 2021 with the endorsement of the late Greg Underwood.

Fatehi was born in Suffolk to an Iranian Neurosurgeon and American-born nurse. His father moved the family to Iran at one point when he was a baby, but returned to the U.S. when he was seven.

A product of Norfolk Academy and Yale, Fatehi earned a law degree at Columbia.

Fatehi worked as a public defender in Richmond before becoming a prosecutor in 2006 in Chesapeake and then a federal prosecutor in Charlottesville in 2011.

His bio said he has fought many jury trials and specifically, 45 ranging from murder to embezzlement.

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John Butler is a former federal prosecutor appointed during the Obama administration. Recently he was the Managing Assistant U.S. Attorney for the Eastern District of Virginia’s Norfolk Division, where he supervised 60 federal prosecutors and support staff.

He continues to serve as a Commander in the Navy Reserves Judiciary Unit

After Georgetown Law School in 2006, Butler served eight years in the Navy and prosecuted and defended hundreds of cases, and was named the Navy’s Prosecutor of the Year. He was deployed to Kandahar, Afghanistan as part of Operation Enduring Freedom.

As Managing Assistant United States Attorney, he led major cases and secured convictions against those responsible for the killing of Norfolk resident Lillian Bond, dismantling leaders of the Nine Trey Gangsters, and prosecuting Dr. Javaid Perwaiz.

Fatehi and Butler have been venturing to build their support all over the city, connecting and building trust, they know, is key to accomplishing their goals.

They note the CA’s mission of punishing villains and delivering justice for victims may be complicated by barriers of fear and intimidation.

What Do They Believe?

Those attending Ramin Fatehi’s campaign kickoff event, said that his progressive policies are being attacked. Fatehi is aligned with Virginia’s Progressive Prosecutors for Justice (VPPFJ), a membership he inherited from his predecessor the late Greg Underwood, former Commonwealth’s Attorney.

In July of 2020 in the wake of the George Floyd murder, and the social movement it spawned, Underwood was one of the founding 11 CAs of Virginia’s Progressive Prosecutors for Justice (VPPFJ).

VPPFJ members work in locales representing 40 percent of the state’s population and support criminal justice reform, including restricting no-knock warrants, reduced use of bonding, legalizations of marijuana, increased police accountability and an end to mandatory minimum sentences.

Butler claims that some of Fatehi’s reformist policies and antagonistic nature toward the judges are problematic. For example, Butler says the city is losing retail investment, especially in the city’s food and retail deserts, due to poor prosecution of offenders.

In an unusual twist recently related to this race, Norfolk Mayor Kenneth C. Alexander, while delivering the “State of the City” address, injected what he calls the Norfolk CA’s poor record on prosecuting shoplifting.

Alexander said more needs to be done because “Across the nation, businesses are experiencing shoplifting at levels that cause items to be placed behind locked panels. The lack of prosecution for retail theft is unacceptable.”

Fatehi has fired back saying, “The mayor’s claim that we are not prosecuting shoplifters is absolutely false. We prosecute shoplifters every day.”

“We hold them accountable as they need to be held accountable. If they are charged with a felony and they deserve a felony, we pursue it that way. But I don’t believe in making felons of everybody. An 18-year-old shouldn’t be made a felon for shoplifting groceries or an iPhone. A misdemeanor, which carries up to 12 months in jail, is more than enough.”

Further, Fatehi explains that no Commonwealth’s Attorney’s office in Hampton Roads sends lawyers to courtrooms to cases of misdemeanor shoplifting.

Fatehi said he would send lawyers to court on those cases if the city would pay for them.

Both candidates said that the CA’s office needs more funding from the city for more technical resources and manpower.

Fatehi says that he is protecting the city from judicial overreach and that his opponent’s supporters want him to use mass incarnation as a means of deterrence rather than addressing the underlying reasons such as high poverty and low access to education. Fatehi also touted his policies not to treat juveniles as adults.

At Fatehi’s kickoff event, Congressman Bobby Scott said Fatehi “follows the evidence and research, and not slogan and soundbytes.”

Virginia Speaker Don Scott at that event highlighted the drop in crime. As Fatehi endorsers, both men are joined by Mark Herring, the last Democratic Attorney General of Virginia, who was Fatehi’s opponent’s employer from 2015-2018.

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Butler counters, “Everyone in Norfolk deserves to feel safe – no matter what neighborhood they live in, their economic background, or their race. When I talk to voters, they tell me they don’t feel safe. We need a Commonwealth’s Attorney who will protect all of Norfolk. That’s why I’m running.”

Butler is critical of Fatehi’s work and said he wants to take politics out of the office. He accuses the Fatehi-led CA office of losing cases, due to a heavy turnover of lawyers disgruntled with his poor leadership and preparation and disorganization.

Butler explained some of those defeats were a result of assigning inexperienced lawyers fighting critical cases especially murders, a statement the incumbent rebukes.

His campaign’s figures on Norfolk crime are not glowing, citing murder rates among Blacks has actually risen since Fatehi has been CA, and in 2022 and 2023, the Office lost a significant number of prosecutors, indicating an experience drain.

The incumbent rejects these claims, pointing out CA offices in Virginia Beach, Chesapeake, Hampton, Newport News, and Portsmouth, have vacancies and that Norfolk has none.

Further, Fatehi highlighted the work his prosecutors have done in convicting violent criminals, citing Norfolk’s homicides falling 42%, violent crime dropping 40%, property crime dropping 27%, and the number of inmates in the jail also dropping.

Supporters Speak Out

Daun Hester, current Norfolk City Treasurer, said she has been impressed by John Butler. “He brings the right experience and judgment to lead the Commonwealth’s Attorney’s Office,” she said. “He understands that the core function of the office is to provide justice for victims and their families – and he’s done that as a federal prosecutor, handling some of the region’s most serious cases.

“But, more importantly, he also recognizes that addressing crime requires more than prosecution.”

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Andrew Bosse, the son-in-law of Paul Fraim and a close friend of Butler’s, worked eight years with him as a DOJ attorney.

“John is the perfect candidate for the job,” Bosse said. “He has already done a brilliant job leading one prosecutor’s office… years of leadership experience from the Navy…and is someone people can trust to do what is right.”

“I know just how good he is,” Bosse said, “at being a lawyer and a leader – in court and in the community. I’ve seen the way he deals with police officers, victims and their families, defendants and defense counsel – he treats everyone he comes across with respect, as a human being first and foremost.”

Bosse describes Butler as a phenomenal manager and said, “His focus will be on public safety and enhancing the community, not just through prosecution but through diversion and intervention programs – and when crime does occur, by holding people accountable for violence.”

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“I have supported Mr. Fatehi because of his commitment to reforming a criminal justice system that has disproportionately harmed Black and Brown communities in Norfolk and beyond,” said Rev. Geoffrey Guns, Senior Pastor of the Second Calvary Baptist Church. “As a pastor, I see firsthand the devastating impact of mass incarceration, over-policing, and punitive policies – especially on our youth and families.

“Mr. Fatehi’s efforts to implement restorative justice practices, reduce reliance on cash bail, and treat children as children – not criminals – reflect values that align with both moral responsibility and common sense,” he continued.

“Replacing a reform-minded prosecutor risks turning back the clock on fairness, equity, and the long-overdue changes we need in this city. These reforms are not about being ‘soft on crime’. They are about being smart on justice. As a community leader, I believe we must continue to move forward, not backward.”

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Paul Riddick, now retired from Norfolk City Council as one of its longest serving members, supports Fatehi.

“I met Ramin when he first arrived here, said Riddick. “He is honest and understands the history of our community and the issues it faces, especially when it comes to criminal justice.”

Riddick continued, “I have met Mr. Butler, who is a nice, professional man. I think he has an understanding of the same issues. But if he has been here ten years, where has he been?”

“I am not surprised at who is opposing him (Fatehi),” Riddick said. “He does not believe in filling the city’s jail with poor Black people. But people who oppose him do, instead of providing educational and economic resources they need.”

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Andy Protogyrou, a former Norfolk City Councilman who endorses Fatehi, agrees with Riddick, and says, “I have tried cases against Ramin for years. He is a great lawyer. He runs one of the tightest ships in Hampton Roads. He fights for victims and isn’t afraid to try difficult cases. State court isn’t federal court. It’s a different world, and Ramin has done a terrific job for our community.”