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Washington Post: U.S. Park Police officers will not face federal charges in shooting of Bijan Ghaisar

'This is not justice': Officers won't face charges in fatal shooting of VCU graduate Bijan Ghaisar

BY TOM JACKMAN - 11/14/2019

The two U.S. Park Police officers who fatally shot unarmed motorist Bijan Ghaisar in 2017 will not be charged with any crimes in connection with the incident, federal prosecutors said Thursday. The decision came just days before the second anniversary of the slaying.

Ghaisar’s family and a number of elected officials expressed outrage both at the decision and the lack of any explanation for the shooting.

Officers Alejandro Amaya and Lucas Vinyard pursued Ghaisar down George Washington Memorial Parkway shortly after 7:30 p.m. Nov. 17, 2017, after he left a fender bender in Alexandria.

Ghaisar, 25, briefly stopped twice and then drove away each time as the officers ran toward him with guns drawn, video released by Fairfax County police shows. After a third stop, Ghaisar again pulled away as Vinyard and Amaya aimed their guns at him, the video shows, and the officers fired nine times into Ghaisar’s Jeep. 

In a statement issued by U.S. Attorney for the District Jessie K. Liu, officials said they could not prove the officers committed a “willful violation” of civil rights law. But her statement did not explain why the men shot into a vehicle as it drove away from them.

The Ghaisar family has sued the officers in federal court in Alexandria. In that case, the officers say they fired in self-defense.

Ghaisar’s family, with the support of Sens. Charles E. Grassley (R-Iowa), Mark R. Warner (D-Va.) and others, had pressed for details of the investigation in the months and years following the killing. Family and friends demonstrated outside the Justice Department repeatedly and outside the Interior Department. They are planning a vigil at the Lincoln Memorial on Sunday to mark the second anniversary of Ghaisar’s death.

The shooting also prompted legislation that would require federal officers to wear body cameras.

The family was notified of the decision in a letter hand-delivered to their lawyer, Roy Austin, shortly after 3:15 p.m. Thursday, Austin said. The Ghaisars had been told by Justice officials that they would be informed in person before a decision was announced.

“Today’s decision was a cowardly act by a Department of Justice that is afraid to hold law enforcement, especially federal law enforcement, accountable when it commits murder,” the Ghaisars said in a statement. “Let’s be clear about what happened here: Two people executed an American citizen who they were sworn to protect and serve, and the only reason they’re escaping justice is because they wear badges.”

The Ghaisars said the decision not to charge was “another betrayal in this nightmare that began for us almost two years ago to the day . . . they have broken every promise made to us — from keeping us informed about the investigation to personally sharing the results before broadcasting it to the world to, most importantly, protecting Bijan.”

Amaya and Vinyard did not return phone calls seeking comment Thursday.

“This is not justice,” said Rep. Don Beyer (D-Va.), who had helped the family push for answers and sponsored legislation requiring federal police to use cameras. “The Justice Department failed our community for two years by withholding answers about why police killed Bijan Ghaisar, but this final failure is the worst of all.” He said “all available evidence, including video of the event, contradicts” Liu’s conclusion that no crime occurred.

Grassley and Warner issued a joint statement that said the decision not to charge the officers “will only add to this family’s heartbreak. The Department’s statement also adds to the long list of questions that remain unanswered years later, despite a two-year investigation. The Ghaisars deserve to understand what happened to Bijan.”

The two senators said they would request a formal briefing from the Justice Department within the next 30 days “to understand what went into the decision not to pursue charges in this case.”

The Ghaisars were hopeful that, if federal authorities declined charges, the Fairfax County prosecutor would take up the case. Newly elected Commonwealth’s Attorney Steve Descano declined to comment Thursday on whether he would investigate the shooting.

Ghaisar was an accountant with no criminal history, born and raised in Northern Virginia. He graduated from Langley High School and Virginia Commonwealth University, lived by himself in an apartment in Tysons and worked for his father’s accounting firm in McLean. He was single with no children.

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