Virginia attorney general seeks case dismissal in 2017 officer-involved shooting

Virginia Attorney General Jason Miyares is petitioning a court to dismiss a criminal case against two U.S. Park Police officers who shot and killed an unarmed motorist in 2017.

Officers Alejandro Amaya and Lucas Vinyard shot and killed Bijan Ghaisar after a car chase through northern Virginia. The officers initially stopped the vehicle twice, but Ghaisar fled with the car on both occasions. When officers stopped the vehicle for a third time, Ghaisar tried to move the vehicle forward and police shot about 10 times. They claimed they feared they would be hit by the vehicle.

The Department of Justice declined to pursue federal charges against the officers, but Fairfax County brought charges against them. U.S. District Judge Claude Hilton dismissed the charges, stating that the officers’ decision was “necessary and proper” given the circumstances and there was no evidence that the officers acted with malice, criminal intent or improper motivation.

Fairfax County prosecutor Steve Descano and former Attorney General Mark Herring appealed the decision. However, Miyares, who defeated Herring in the general election last year, is asking the court to dismiss the appeal.

“In light of all the circumstances of the life-or-death situation confronting them, Officers Amaya and Vinyard acted reasonably in their use of force, and did no more than was necessary and proper to perform their lawful duties as federal officers,” Miyares said in a statement. “I have therefore decided to ask the Fourth Circuit to dismiss the Commonwealth’s appeal. I will not perpetuate the continued prosecution of two officers who were doing what they were trained to do under tremendously difficult circumstances.”

Miyares said the events were tragic, but that bringing charges against the officers was the wrong response.

“We will not make our commonwealth safer by vilifying the hard-working men and women who put on the uniform and shield every day and protect our families, homes, and businesses,” Miyares added. “Prosecutors need to prosecute criminals, not cops doing what they were trained to do. I am proud to support the brave men and women in blue who risk their lives to protect ours. Police officers perform their duties every day in the face of grave danger. As attorney general, my duty is to follow the law. In this case, following the law requires that I ask the Fourth Circuit to end this appeal.”

Descano criticized Miyares’s decision in a statement.

“I remain saddened and dumbfounded,” Descano said. “I am sad for the Ghaisar family, who have suffered an unimaginable ordeal. Not only did they lose their beloved son, but time and again, actors in the criminal justice system treated them with appalling coldness and brutality. Now, after their pain was finally taken seriously and they had a glimmer of hope that the federal officers who killed their son would face a jury, Attorney General Miyares inflicted upon them a fresh wound and new suffering.”

Miyares defeated Herring on a platform, which stated he would support police. Descano ran on a criminal justice reform platform.