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DOJ: FBI allowed to present evidence in Bijan Ghaisar death investigation

The DOJ announcement came hours before the two US Park Police officers asked a judge for the charges to be dismissed against them.

WASHINGTON — The Federal Bureau of Investigation (FBI) will be allowed to provide evidence and work with the Virginia Attorney General in the investigation of the deadly shooting of Bijan Ghaisar in 2017, according to a letter written by the Department of Justice (DOJ).

Attorney General Merrick Garland wrote, "I have authorized department personnel to contact the Commonwealth's Attorney immediately to discuss your requests for access to information about the federal investigation and any evidence in the possession of the Federal Bureau of Investigation."

This update comes after a judge ruled in April that Fairfax County's case against two U.S. Park Police officers charged in the shooting death of 25-year-old Bijan Ghaisar - who were scheduled to go on trial in May - will be moved to federal court. 

The announcement by the DOJ came hours before the two US Park Police officers who shot Ghaisar, Alejandro Amaya and Lucas Vinyard, asked a federal judge to dismiss the charges against them, according to court documents.

The two officers already asked the case be moved from state court to federal court, where the law grants them more immunity for actions taken while on the job. In April, a judge agreed to move it to federal court.  

Amaya and Vinyard faced Ghaisar's family for the first time since the shooting during a hearing at the U.S. District Court in Alexandria earlier this year. The officers' cases lay dormant in the court of Senior U.S. District Judge Claude M. Hilton in Virginia for several months after both Amaya and Vinyard first requested that it be heard in federal court rather than state court.

The unarmed Ghaisar died after being shot multiple times by Amaya and Vinyard on Nov. 17, 2017. Vinyard and Amaya face up to 15 years in prison if convicted of the charges.

Both Amaya and Vinyard declined to comment on the result of the hearing, but WUSA9's Michael Quander spoke with Ghaisar's mother, Kelly Ghaisar.

"They are the ones who terrorized my son," she said. "They are the ones when he was bleeding and his car was in the ditch, they kept shooting at his head still. So I don't know how I can explain how a human would feel. No one has cared for the truth or justice. All we have heard is delay, lies and coverups."

Though the case will now be heard in a federal venue, it will still be heard by Judge Hilton and argued by the state of Virginia.

Back on Oct. 19, 2020, both Amaya and Vinyard surrendered to police in Fairfax County earlier that morning. The two officers were to be arraigned around 10 a.m. but following the arraignment, the officers were released on bond. The Commonwealth’s Attorney’s Office called for conditions on their release as they awaited trial. 

Just a week prior to their arrest, the two officers were charged with involuntary manslaughter and reckless handling of a firearm.

“Our heavy hearts are a little lighter tonight knowing that the police officers who murdered our son and brother are closer to being held accountable for what they did," the Ghaisar family said in an October 2020 statement. "Too many of the people who are sworn to protect and serve our communities commit heinous acts of violence and go unpunished. With these charges we are reminded that, at least here in Fairfax County, Officers Alejandro Amaya and Lucas Vinyard are not above the law."

During a press conference on Oct. 15, 2020, announcing the indictment, Fairfax County Commonwealth Attorney Steve Descano said he had spoken to the Ghaisar family prior to the conference.

"I'll tell them now what I told them before," Descano said. "It has been a long road, but be confident that my office is fighting ... for justice for your son and we are in this fight for the long haul."

Officials said Ghaisar had gotten into a fender-bender on the George Washington Parkway in Alexandria the night of Nov. 17, 2017. They said he was not at fault for the accident, but he left the scene. 

Police said the two U.S. Park Police officers followed Ghaisar and pulled him over. Video released by the Fairfax County Police Department shows that Ghaisar took off and stopped two more times before the officers fired nine shots into his car. 

The DOJ said those shots ended up killing him. Police said Ghaisar was unarmed and had no drugs in his car.

Both Amaya and Vinyard have claimed self-defense in response to the family's wrongful death lawsuit.

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