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Youngkin pardons Loudoun County parent whose daughter was sexually assaulted by a student

In June 2021, Scott Smith was charged with obstruction of justice and disorderly conduct during an explosive Loudoun County school board meeting.

LOUDOUN COUNTY, Va. — Virginia Gov. Glenn Youngkin pardoned Scott Smith, a Loudoun County father, convicted of disorderly conduct at a school board meeting in 2021, according to a statement released by the governor's office on Sunday.

Back in May 2021, a 14-year-old student sexually assaulted a female student at Stone Bridge High School. The 14-year-old later transferred to Broad Run High where they sexually assaulted another female student five months later. The teen was convicted in juvenile court. 

Smith was protesting the assault of his daughter, and the circumstances around it, at an August 2021 Loudoun County School Board meeting when he was arrested.

“Scott Smith is a dedicated parent who’s faced unwarranted charges in his pursuit to protect his daughter. Scott’s commitment to his child despite the immense obstacles is emblematic of the parental empowerment movement that started in Virginia,” said Youngkin. “I am pleased to grant Scott Smith this pardon and help him and his family put this injustice behind them once and for all.” 

During a Sunday afternoon press conference Smith said a weight had been lifted off his shoulders but added that a pardon was not the necessarily how he wanted to proceed with the disorderly conduct case.  "I wanted to win this on my own merit in court, straight up. I didn't want a pardon," he said. 

Smith says the over two-year ordeal has been taxing on his wife and daughter. "My daughter has been constantly bullied and berated by her peers," he added. 

Smith along with his attorneys, Bill Stanley and Mike Joynes, issued statements in response to Youngkin's pardon.

Smith's Statement:

"What happened to my daughter was a horrible, but preventable tragedy that she will have to deal with for the rest of her life.   And the way the public school system, the School Board, the Loudoun County Sheriff’s Office and SRO Department, and the Commonwealth Attorney’s Office handled this situation was abhorrent and completely unacceptable.  My family has been living a nightmare that no family in America should have to endure. But rather than sit quietly and take it, I decided to stand up against the government – and for that I was branded a “domestic terrorist” and charged with crimes that I did not commit.  I want to thank Governor Youngkin for his declaration that I am innocent, and for his absolute and unconditional pardon. While I was extremely confident in my lawyers’ abilities to defend me in court, I am grateful that the Governor recognizes that our justice system has been both weaponized and politicized to the point where my ability to receive a fair trial was in jeopardy. And while this pardon closes one chapter in this ongoing battle, a new chapter has now begun.  I will continue to fight for parents and their children who are affected by these misguided and dangerous school policies.  My family intends to pursue legal action in the federal courts to hold the Loudoun County public school system accountable for putting its own interests above the safety of both my daughter the families and communities that it was supposed to serve, and I also intend to pursue other legal remedies in order to hold those elected county officials who pursued this malicious prosecution of me accountable for their malfeasance.  And, let me be clear. I am not a ‘domestic terrorist,’ I am just a father who will go to the ends of the earth to protect his daughter.  I will not ever give up in that endeavor until my family is both protected and fully vindicated."

Stanley and Mike Joynes' statement:

 "Today, the Governor declared by his absolute pardon what we already knew – that Scott Smith is an innocent man who was wrongfully and unjustly arrested & charged.  Because Scott dared to stand up for his daughter, and courageously stood up for all parents of children in the public school system, he was attacked by those who pushed radical school policies over the protection of students, he was vilified by the media, and he was outrageously branded a “domestic terrorist” by those who believed that parents should not have a say in the education of their children.  While we did not seek a pardon from Governor Youngkin, and while we were very confident that we would have been able to prove that Scott Smith was innocent of the criminal charges placed against him if the matter had gone to trial, we are nevertheless grateful that the Governor also recognized the wrong done to Scott Smith by the judicial system, and that he has now taken this bold action to right that wrong by this pardon.  His declaration that Scott Smith was “factually innocent” of the charges is vindication for Scott Smith, his family, and for all parents who stand up against the government’s attempt to enact a radical agenda that is obsessed on teaching their children “what to think,” rather than focusing on teaching children the critical lessons they need to learn in order to be successful later in life. We are proud of Scott Smith for standing up to the government’s overreach, and believe that this is the right and proper result for Scott and his family."

Loudoun County Commonwealth’s Attorney Buta Biberaj criticized Youngkin's pardon calling it a "political stunt" and an "inappropriate intervention into an active legal case."

Biberaj's statement: 

“He chose to interfere in the legal process but not for justice but for political gain. If the Governor truly believed that the evidence would show that the Republican sheriff lied about the facts and wrongfully arrested Smith, that the Magistrate wrongfully issued the arrest warrants, and that the Republican Special Prosecutor was wrongfully prosecuting him, Youngkin would have permitted the case to go to trial and let the truth be told. That is the system in America. The justice system does not work when a Governor becomes the judge and jury.

With early voting less than two weeks away, the Governor’s decision to issue the pardon is an intentional attempt to influence the elections. I will proudly stand with law enforcement to ensure that they protect our citizens, that they are safe on the job, and that anyone who harms our law enforcement is held accountable. I will also continue to stand with victims of sexual assault to ensure cases are fully prosecuted, which is why my office tripled the number of prosecutors dedicated to domestic violence and sexual assault cases. It is deeply disappointing that Governor Youngkin continues to play politics and try to divide Loudoun County.”

WUSA9 previously covered this case that led to multiple investigations in Loudoun County.  The Loudoun County school board meeting galvanized the parent rights movement that swept Republican Gov. Glenn Youngkin into office. The controversy catapulted the county into the national spotlight, sparked an investigation by the Office of Attorney General, and prompted the termination of superintendent Dr. Scott Ziegler.

Smith is back in Loudoun County court on Thursday, where a judge is set to determine whether Loudoun County Public Schools will release an independent report into the sexual assaults. By the first of October, he says he plans to have completed the filing for a Title IX civil lawsuit in an Alexandria Federal Court against the Loudoun County School system. 

RELATED: New Loudoun County Superintendent talks transparency, education and transgender policies

RELATED: Loudoun school board will release report on handling of sex assaults, won't challenge court order

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