PORTSMOUTH, Va. — Portsmouth Police Department (PPD) confirmed to 13News Now that City Councilman De'Andre Barnes was arrested Tuesday morning following an incident on Deep Creek Boulevard.
PPD says that around 7:45 a.m., police responded to a call for a domestic dispute involving a "black female with a backpack... screaming while being dragged by a black male."
The witness said they saw the man forcibly pull her into a silver Nissan, and waited for police to arrive at the scene.
Officers interviewed all people involved, including the witness.
Based on the witness's account, the officers determined probable cause to arrest Barnes for domestic assault and battery. Barnes was taken into custody.
After the arrest, the police presented their evidence to the magistrate on duty. The warrants were denied, leading to Barnes' release.
"Well a magistrate, among other things, is a gatekeeper in other words so that police officers aren't able to just skip the magistrate and go straight to jail. If a magistrate believes that a police officer has brought them evidence that does not equal a crime under the Commonwealth of Virginia then they should do their duty and not issue that warrant," said legal analyst Ed Booth.
Portsmouth police added in a statement that they are "committed to ensuring the safety and welfare of all citizens, regardless of their position or status."
He was not present at the city council work session or council meeting on Tuesday evening. He lost his reelection bid last week and will remain a city councilor until the end of his term, which is Dec. 31, 2024.
Though Barnes was released, Booth said that charges could still be pending.
"No warrant, immediate release. Then at that point, there is no charge, the person who has been arrested and released and that is the end of it, unless something else happens," he said. "The Commonwealth Attorney can actually go in front of a grand jury and present evidence -- the grand jury serves that same gatekeeping function -- and if they believe that there's evidence of a misdemeanor, they can go ahead and issue an indictment."
13News Now reached out to Barnes for a comment, but he has yet to respond.