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Prosecutors plan to appeal dismissal of cases against Park Police officers in fatal shooting of Bijan Ghaisar

Fairfax County Police Department footage of Park Police shooting McLean resident Bijan Ghaisar (via FCPD)

A federal judge in Alexandria agreed with legal arguments for two U.S. Park Police officers after they pursued a 25-year-old motorist in 2017 and fatally shot him in his Jeep.

Judge Claude Hilton dismissed criminal charges against the officers on Friday (Oct. 22), writing in an opinion that McLean resident Bijan Ghaisar was driving erratically after another vehicle hit his Jeep on George Washington Memorial Parkway, leading the officers on a pursuit.

Hilton wrote in his decisions for officers Alejandro Amaya and Lucas Vinyard that they “were authorized by federal law to act as they did” and “the officers did no more than was necessary and proper.”

The officers sought immunity under the Constitution’s Supremacy Clause, which gives federal laws and powers precedence over those of a state.

Fairfax County Commonwealth’s Attorney Steve Descano and Attorney General Mark Herring said in a joint statement that the state plans to appeal the case in the 4th U.S. Circuit Court of Appeals in Richmond.

“[We] do not believe the law allows an individual to circumvent the accountability of the criminal justice system simply because of who their employer is,” the joint statement said. “We believe that a jury should have the opportunity to hear all of the evidence and determine whether these men committed a crime when they shot and killed Bijan Ghaisar.”

According to Hilton’s ruling, a dispatcher initially told police that Ghaisar’s vehicle hit another vehicle but then corrected that information, saying the Jeep was hit. The crash involving a Toyota Corolla occurred in Alexandria just north of Slater’s Lane on Nov. 17, 2017.

The court wrote that Ghaisar ignored officers’ commands to stop and pull over, failed to stop at a stop sign, and repeatedly drove away while Amaya’s hand was placed on Ghasiar’s door handle.

When Amaya approached the vehicle on foot around Tulane Drive and ordered him to open the door, Ghaisar took off while Amaya’s hand was on the door, the court wrote.

Police later pulled him over in a residential neighborhood off the parkway and yelled commands at Ghaisar on foot, but Ghaisar drove away again, according to the court.

When the officers pulled him over at the intersection of Fort Hunt Road and Alexandria Avenue, they exited the patrol car. Amaya shouted commands to Ghaisar when his Jeep lurched forward toward Amaya, prompting him to fire through the Jeep’s windshield.

“The Jeep initially stopped but then moved forward again, causing both officers to fire at Ghaisar,” the court wrote. “The Jeep then rolled over into a ditch.”

Ghaisar placed the officers in a life-or-death situation, the judge found.

“The officers’ decision to discharge their firearms was necessary and proper under the circumstances and there is no evidence that the officers acted with malice, criminal intent, or any improper motivation,” the judge wrote.

It wasn’t immediately clear how a postponed federal wrongful death lawsuit by Ghaisar’s father against the U.S. will proceed.

Ghaisar’s family, the McLean community, and elected officials have criticized the Park Police and FBI over their handling of the investigation into the shooting, including the prolonged withholding of the identities of the officers involved.

Federal prosecutors with the U.S. Department of Justice ultimately announced in November 2019 that they would not pursue charges against Amaya and Vinyard.

Descano put together a grand jury last year, and the officers were indicted in October 2020, both with a charge of manslaughter and another for reckless discharge of a firearm.

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