Bijan Ghaisar Case: Park Police Officers' Charges Dismissed

ALEXANDRIA, VA — Last week, a judge dismissed charges against two Park Police officers in the fatal shooting of unarmed McLean accountant Bjian Ghaisar in Fort Hunt.

Charges in Alexandria federal court were dismissed against officers Lucas Vinyard and Alejandro Amaya as the ruling granted Supremacy Clause immunity. An opinion by U.S. District Judge Claude Hilton said the officers' decision to discharge their weapons was "necessary and proper."

Attorney General Mark Herring and Fairfax County Commonwealth's Attorney Steve Descano said in a joint statement they would appeal the decision in the Fourth Circuit Court of Appeals.

"We intend to appeal this decision to the Fourth Circuit Court of Appeals because 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," Herring and Descano stated. "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."

A statement released by the Ghaisar family supported the intent to appeal and indicated that a jury should hear the case.

"This ruling ignores that it was Bijan’s car that was struck, it was Bijan who was chased by these officers without committing a crime and it was Bijan who these officers charged at with their guns drawn — twice — for being the victim of a fender bender," the family stated. "These officers shot at Bijan 10 times, including several times as his car rolled away from them into a ditch. That’s not fearing for their lives, that’s murder."

The fatal shooting of Ghaisar, 25, happened on Nov. 17, 20217 at Alexandria Avenue off the George Washington Memorial Parkway in Fort Hunt. According to court documents, Ghaisar's Jeep had been rear ended by another vehicle on the George Washington Memorial Parkway near Slaters Lane in the City of Alexandria. Ghaisar fled from the scene south on the parkway, and the hit-and-run driver called 911 to report the crash.

Vineyard and Amaya had been on patrol when dispatch told them to pursue Ghaisar. The dispatcher initially said Ghaisar's Jeep was the striking vehicle but then corrected the information. After encountering Ghaisar's vehicle on Washington Street, the officers began pursuing Ghaisar.

"During this time and throughout the subsequent pursuit, the officers continually informed their command by relaying information through radio," the opinion states. "None of the officers' superiors instructed the officers to terminate the pursuit at any point."

Ghaisar continued south on Washington Street and did not pull over, according to the court documents. Police cruiser video released by Fairfax County Police shows Park Police stopped his car several times during the pursuit. In these encounters, two officers approached Ghaisar's car with weapons drawn before Ghaisar drove away.

When Ghaisar stopped at Fort Hunt Road and Alexandria Avenue in Fort Hunt, the video shows two officers fired shots at him while he tried to drive away. Court documents say Ghaisar's vehicle lurched toward Amaya, who then fired at Ghaisar "fearing for his life." The Jeep stopped but again moved forward, leading both officers to shoot at Ghaisar.

Ghaisar's family said he was unarmed when officers fired ten shots at him. He died 10 days later after suffering several gunshots to the head and severe brain damage.

While the U.S. Department of Justice declined to prosecute the case, Fairfax County's Commonwealth's Attorney worked to get a grand jury indictment against the officers. Amaya and Vinyard each were charged with one count of manslaughter and one count of reckless discharge of a firearm.

Hilton's opinion said the officers "acted in accordance with the law." He said the officers were instructed by their command to pursue Ghaisar and were put in a "life-or-death situation" in the final attempt to pull his vehicle over. Hilton noted Ghaisar "appeared intoxicated while continually engaging in extremely reckless behavior and unusual driving," crossed the double yellow line multiple times, was speeding in a residential neighborhood, didn't stop at a stop sign, and drove away multiple times when Amaya had his hand on the Jeep door.

"The officers were reasonable to fear for Officer Amaya's life and discharge their weapons when Ghaisar's Jeep lurched forward while Officer Amaya was standing in front of Ghaisar's vehicle," the opinion stated. "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."

As reported by the Washington Post, the same judge had postponed the Ghaisar family's civil case in 2020.