RICHMOND, Va. -- Federal prosecutors said they don't have the evidence to prove that Rolman Balcarcel-Bavagas was planning an attack or any other act of violence in Richmond on the Fourth of July.
The government's sentencing position document was filed on Thursday at the U.S. District Court in downtown Richmond.
In July, former Richmond Police Chief Gerald Smith and Mayor Levar Stoney announced that based on a tip, Balcarcel-Bavagas and a man named Julio Alvarado-Dubon had been arrested, accused of plotting an attack on the Fourth of July.
Smith later identified the target of the attack as Dogwood Dell where the city had a fireworks display. However, neither of the men ever faced any charges related to a shooting plot.
On August 3, a city prosecutor said they had no evidence of a planned attack at any specific location. The local charges were then dropped and federal prosecutors took over the cases, as both men are undocumented immigrants.
Balcarcel-Bavagas was charged with re-entering the United States illegally. On August 25, he pleaded guilty.
While federal prosecutors did not pursue any plot-related charges against him, the U.S. Attorney's office reviewed the RPD investigation and shared the following in Thursday's filing:
Although law enforcement acted lawfully and appropriately when investigating the tip on July 1, the United States lacks evidence now to prove beyond a preponderance of the evidence that the defendant was planning to shoot people at a big event on the 4th of July or commit other acts of violence.
The government is asking the judge to sentence Balcarcel-Bavagas to six months in prison. He is scheduled to be sentenced in November.
This is a developing story, so anyone with more information can email newstips@wtvr.com to send a tip.
