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Inspector general finds no fault in Park Police shooting of Virginia man in 2017

By The Associated Press
Posted 3:13PM on Wednesday 13th November 2024 ( 2 weeks ago )

McLEAN, Va. (AP) — A federal inspector general has exonerated two U.S. Park Police officers who fatally shot a Virginia man after a stop-and-go chase on a highway seven years ago.

A report issued Tuesday by the Department of Interior's inspector general found that the officers, Lucas Vinyard and Alejandro Amaya, did not violate procedures when they fatally shot Bijan Ghaisar, 25, of McLean, in November 2017 after a chase on the George Washington Memorial Parkway. It also concluded that they were justified in chasing Ghaisar after receiving a report that he fled the scene of an accident in which his sport utility vehicle had been rear-ended.

The report said the shooting was within police policy because the officers reasonably feared that Amaya's life was in danger when he stood in front of Ghaisar's stopped vehicle and it began to roll forward.

The only policy violation that did occur, according to the report, was when one of the officers used his gun to strike a window on Ghaisar's SUV.

Ghaisar's death and the shooting was the subject of years of legal wrangling, though neither officer was ever convicted of a crime. Ghaisar's family did receive a $5 million settlement from the government last year in a civil lawsuit alleging wrongful death.

On Wednesday, in a written statement, Ghaisar's mother, Kelly Ghaisar, disputed the inspector general's findings.

“These officers should have never pursued Bijan,” she said. “Although they saw Bijan was in distress - probably frightened to death - they did not communicate that with their superior. They pulled Bijan over and drew a weapon, banged on his window, and kicked his tire. They then hunted him and pulled him over and shot him multiple times.”

Federal authorities declined to prosecute the officers after a two-year FBI investigation. At that point, Fairfax County Commonwealth’s Attorney Steve Descano filed manslaughter charges against the officers in state court. That set off a tug-of-war between state and federal officials over who had jurisdiction to prosecute the case.

In October 2021, a federal judge tossed out the manslaughter charges brought by Descano’s office. The judge ruled that the officers were entitled to immunity and that their actions were proper under the circumstances.

The Ghaisar family said the officers violated their own policies by chasing Ghaisar, who was unarmed when officers opened fire.

Dashcam video of the shooting shows the pursuit starting on the parkway, then continuing into a residential neighborhood. It shows the car driven by Ghaisar stopping twice during the chase, and officers approaching the car with guns drawn. In both cases, Ghaisar drives off.

At the third and final stop, the officers again approach with guns drawn, and Amaya stands in front of the driver’s door. When the car starts to move, Amaya opens fire. Seconds later, when the car begins moving again, both Amaya and Vinyard fire multiple shots.

FILE - The family of Bijan Ghaisar, from left, Negeen Ghaisar, James Ghaisar, Kelly Ghaisar and Kouros Emami walk outside federal court in Alexandria, Va., March 6, 2020. (AP Photo/Matthew Barakat, File)

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