Nearly seven years to the day after Bijan Ghaisar was fatally shot by two U.S. Park Police officers in Northern Virginia, federal investigators have cleared the officers in the case.
The U.S. Department of Interior found that the officers, Lucas Vinyard and Alejandro Amaya, did not violate Park Police policies when they opened fire after a chase on the George Washington Memorial Parkway, according to the investigation.
Ghaisar, an accountant and Virginia Commonwealth University graduate, was 25 on the night of Nov. 17, 2017, when police responded to a reported hit-and-run on the parkway at Slaters Lane in Alexandria. Ghaisar's SUV had been rear-ended when he suddenly stopped in the left lane, the driver and passenger from the striking vehicle told police.
The inspector general's summary says in part that the preponderance of the evidence showed the officers reasonably believed that Ghaisar had committed a felony by leaving the scene of an accident.
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The inspector general's summary also said that Ghaisar presented a clear and immediate threat to public safety if not immediately apprehended.
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.
Chase from GW Parkway captured on dashcam video
Video of the chase — captured by a Fairfax County police dashboard camera — showed the pursuit starting on the GW Parkway, then continuing into a residential neighborhood. It showed Ghaisar's SUV stopping twice during the chase, with officers approaching the car with guns drawn. Both times, Ghaisar drove off.
At the third and final stop, the officers again approached with guns drawn, and Amaya stood in front of the driver’s door. When the SUV started to move, Amaya opened fire. Seconds later, when the car began moving again, both Amaya and Vinyard fired multiple shots.
Ghaisar was struck 10 times and then crashed his SUV.
He taken to a hospital in critical condition and died 10 days later.
Years of legal wrangling have followed
Neither officer was ever convicted of a crime. Federal authorities declined to prosecute after a two-year FBI investigation. At that point, Fairfax County Commonwealth’s Attorney Steve Descano filed manslaughter charges in state court. That set off a tug-of-war between state and federal officials over who had jurisdiction to prosecute the case.
"The finding is hurtful," Kelly Ghaisar, Bijan Ghaisar's mother, told News4. "The finding is cruel."
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 has said the officers violated their own policies by chasing Ghaisar, who was unarmed when they opened fire. The family did receive a $5 million settlement from the government last year in a civil lawsuit alleging wrongful death.
On Wednesday, the family released a statement reacting to the inspector general's report saying they object to the findings.
"These officers should have never pursued Bijan,” Ghaisar's mother, Kelly Ghaisar, 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."
"Shooting someone that's sitting in the car, and he says he made the X gesture, probably like, 'Please don't shoot me. Don't shoot my face.' The bullet that went through his wrist. We know because he was trying to protect himself. How is he a threat to you?" Kelly Ghaisar said.
The two officers were told more than two years ago that they would be fired, but no action was taken. They have been on paid administrative leave since the shooting.
The officers are now suing the Department of Interior, seeking a final decision on their employment status.
Kelly Ghaisar said the strength to keep fighting comes from her love for her son.
"I always know in my heart that if this situation was vice versa, Bijan would have done 100 times more than what I'm doing right now," she said.
