CHESAPEAKE — A special prosecutor was appointed this week to take over a carjacking case after Chesapeake Commonwealth’s Attorney Matt Hamel accused his political opponent of interfering in the case.

The order turning the case over to the Northampton County Commonwealth’s Attorney’s Office was signed Wednesday by Chesapeake Circuit Judge David J. Whitted after Hamel filed a motion requesting the appointment. The defense didn’t object.

Hamel’s five-page motion claims his opponent in the November election, former Chesapeake prosecutor and assistant attorney general David Mick, showed up unannounced at the home of the victim in the carjacking incident to discuss the case, then posted a video on his campaign Facebook page in which he criticized how Hamel’s office handled it.

Mick denied going to the victim’s home for the purpose of talking about the case. Mick said he was knocking on doors, as he has for the past several months, in an effort to talk to voters about his campaign when one resident told him about her experience as a victim in carjacking case.

Mick said he was troubled to learn the defendant was offered a plea deal in which his charge would be reduced to a misdemeanor, and that he would only have to perform community service. Mick also said that when he talked about the case on social media, he was careful not to name anyone or provide details that would identify it.

“It is nothing but politics and blame shifting for Matt to suggest his prosecution was hindered by this when he was, in fact, not prosecuting it at all,” Mick said in an email. “For the sake of the victim here I am glad Matt is looking for a special prosecutor who will actually work towards justice.”

In a message to The Virginian-Pilot, Hamel questioned Mick’s assertion. The home is on a busy section of Centerville Turnpike, where the houses are spread far apart. There’s no sidewalk, shoulder or place to park, and the speed limit is 40 mph. Mick, however, said he’s approached many houses that are similarly situated.

The Pilot contacted the married couple who were the victims in the carjacking case by phone Friday. The husband said they’re waiting to talk to the special prosecutor and didn’t want to discuss it at this time.

Mick argued that Hamel’s accusations are hypocritical considering he recently discussed the case on The Arrington Gavin Show podcast.

During the interview, Hamel told Gavin, “My opponent actually went up to a victim’s home during the middle of her case, filled her mind with misinformation, did a video about her case, got her to comment on the case and actually interfered in the case that we now have to get a special prosecutor,” he said. “He’s so intent on winning this race at all costs that he actually would cold call a victim at a victim’s home and try to influence her for political gain.”

Hamel said the podcast was recorded after the order was signed and his office was out of the case. He also suggested that’s Mick’s actions were unethical.

“David Mick knows that contacting a victim of a crime and using her for political gain in an ongoing case is wrong,” he wrote.

The case involves Ricardo E. Rivera III, who was 18 when he was arrested in May 2023 after he tried to steal a van parked outside a 7-Eleven on Kempsville Road. One of the vehicle’s owners was in the passenger seat and the other, her husband, was in the store, according to a statement of facts the defense and prosecution signed off on.

Rivera ordered the woman out of the car, but was unable to steal the van because he couldn’t get it to shift into drive. After the woman’s husband came out, he confronted Rivera, who went into the store, stole some items and then threw a fire extinguisher at the doors when he saw that the van owner had secured them from the outside.

Rivera fled, but was arrested a short time later. His mother and sister were looking for him, the statement said, and had reported him missing to police, telling them that Rivera appeared to be hallucinating and paranoid. A psychologist later declared him incompetent to stand trial but he eventually was restored to competency through treatment.

In May 2024, Rivera agreed to plead guilty to felony carjacking, misdemeanor theft and destruction of property, according to Hamel’s motion. In exchange, he would get a deferred finding, which would allow his conviction to be erased if he remained on good behavior for a period of time and met all the terms of the agreement. The victims “fully agreed” to the terms, the motion said.

But just three months later, Rivera was charged in Virginia Beach in two separate incidents. The first accused him of trying to use someone else’s identification to avoid arrest. In the second, he was charged with obstruction of justice. He was later found guilty of both.

Chesapeake court records show that once the court was notified about the Virginia Beach charges, an arrest warrant was issued for Rivera for failing to comply with the terms of his plea in the carjacking case. In April, he was found guilty of violating the agreement, and a felony carjacking conviction was entered in his case. Sentencing was scheduled for Aug. 7.

Hamel’s motion says that prosecutors had intended to seek jail time for Rivera as a result of him violating the terms of the plea agreement. The hearing got delayed, however, until Sept. 5, after Rivera’s lawyer filed a motion seeking to withdraw his plea.

Hamel’s motion says his office learned about Mick’s campaign video while they were waiting for sentencing. They also saw that one of the victims in the case had posted a comment on the video in which she said she was glad that he had knocked on her door and that she got a chance to meet and talk with him.

Hamel claimed in his court filing that Mick’s actions had “compromised the Commonwealth’s ability to ensure a fair disposition,” and that it was unethical for him to speak out on the case when sentencing was still pending.

“The defendant may now argue that any sentence sought by this office is the result of political pressure,” the motion said.

Rivera’s attorney, Derek J. Smith, didn’t respond to a request for comment.

Jane Harper, jane.harper@pilotonline.com

https://www.pilotonline.com/2025/09/06/special-prosecutor-chesapeake/