Prince William judge grants motion to release Justin Wolfe

Justin Wolfe could be released from the Prince William County jail Thursday, unless a federal court intervenes.

At a hearing in Prince William Circuit Court Wednesday, Judge Mary Grace O'Brien granted Wolfe's defense attorneys' motion for his "unconditional release," which U.S. District Court Raymond Jackson ordered in ruling on Dec. 24.

The state attorney general’s office is appealing Jackson’s ruling, which would require Wolfe’s release by Jan. 3. The attorney general’s office is also seeking a stay of the order, which, if granted, would keep Wolfe incaracerated pending the outcome of the appeal.

At Wednesday’s hearing, O’Brien said she will enter her order authorizing Wolfe’s release at 5 p.m. Thursday, unless a federal court grants a stay of the federal court order before then.

Wolfe has been in prison for more than 11 years on charges stemming from the shooting death of Daniel Petrole Jr. in 2001 in Bristow.

A jury in Prince William Circuit Court in 2002 convicted Wolfe of capital murder and other charges and sentenced him to death. In 2011, Judge Jackson vacated the convictions and ordered that Wolfe be retried or released within 120 days.

In his Dec. 24, 2012 order, Jackson ruled that the 120-day window had expired and Wolfe should be released within 10 days.

After O’Brien’s ruling Wednesday, Wolfe’s family members, shaking with emotion, stood and waved to him.

Wolfe’s mother, Terri Steinberg, cried as she hugged a crowd of supporters who attended the hearing.

Outside the courthouse, Steinberg was visibly shaking as she stood, linking arms with her daughter and husband, and spoke about the hearing.

“I’m very cautiously optimistic,” she said. “Very hopeful. I’m just relieved. I hope this means we will get to bring him home.”