WASHINGTON — The Justice Department won't pursue federal criminal civil rights charges against U.S. Park Police officers involved in the fatal shooting of 25-year-old Bijan Ghaisar two years ago, according to the Justice Department.
The unarmed Ghaisar died after being shot multiple times by Park Police officers Lucas Vinyard and Alejandro Amaya on Nov. 17, 2017.
Dashcam video released by local police shows Ghaisar leading officers on a four-minute, stop-and-go chase on the George Washington Parkway in Alexandria.
According to officials, twice during the chase, Ghaisar stops but then resumes driving when officers approached his vehicle with guns drawn.
"Based on the information available at this time, the Department cannot prove, beyond a reasonable doubt, that the two USPP officers committed willful violations of the applicable federal criminal civil rights statute when they shot Mr. Ghaisar," the Justice Department said in a press release.
The USPP handed the investigation over to the FBI in the interest of objectivity and impartiality.
"The decision announced today was the result of an extensive and independent investigation by the FBI. Any loss of life is tragic, and the loss of Bijan Ghaisar has impacted many people, including his family, friends, and our community. At this time, the USPP is reviewing the findings of the FBI’s investigation," USPP said in a press release.
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According to a pending wrongful death lawsuit, the officers proceeded to fire nine shots at Ghaisar who was reportedly unarmed.
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"At this time, there is insufficient evidence to establish beyond a reasonable doubt that the officers willfully committed a violation of 18 U.S.C. § 242," the Justice Department said. "Specifically, the Department is unable to disprove a claim of self-defense or defense of others by the officers. Accordingly, the Department has closed its investigation into this matter."
An FBI official familiar with the matter said federal investigators finished their probe into the 2017 shooting some time ago — before Thursday’s announcement.
The FBI findings were then reviewed by the Department of Justice, a process that required close scrutiny before public release.
The burden of proof for prosecutors to bring a federal civil rights charge was significant, and was not met, the official said.
The Ghaisar family released the following statement in response to the closing of the case:
"We, along with everyone else who has seen the shocking video footage, watched two U.S. Park Police officers gun down our unarmed son and brother at close range on the side of the road.
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 Department of Justice’s refusal to prosecute Officers Lucas Vinyard and Alejandro Amaya for killing Bijan after a minor traffic accident is another betrayal in this nightmare that began for us almost two years ago to the day.
The Justice Department has given us no answers to why Bijan was killed. Instead, 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. 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.
We are not giving up on justice for Bijan. The Department may have failed to do its job with this investigation but there are other ways to ensure Officers Vinyard and Amaya be held accountable for killing Bijan. The Park Police must have an internal investigation. At the very least, these rogue officers should be fired. Other criminal charges and prosecution are also possible through the Commonwealth of Virginia. We demand justice -- and we will continue to fight for it until we get it."
The family is holding a "2 years, 0 answers" vigil for Bijan at the Lincoln Memorial on Sunday at 3 p.m. The date marks exactly two years to the day from when Bijan was shot.
Virginia State Senator Scott A. Surovell released the following statement:
"It’s a pathetic, cowardly and political move by the DOJ. It's been politicized by Bill Barr and it was a decision made to make Trump happy. They made it clear from the beginning that he wasn't going to prosecute law enforcement. I don't know why it took two years to figure this out. If an officer had been shot four times a decision would have been made a long time ago. I guess it takes a long time to come up with excuses this outrageous. I think the officers are gonna see justice in the civil courts [from the family]. They can't hide behind the DOJ on the civil side of this."
Congresswoman Jennifer Wexton also released the following statement:
"Bijan and his family deserve so much more than this. Nearly two years to the day of Bijan Ghaisar’s death at the hands of the U.S. Park Police, we still do not have answers and those responsible have not been held accountable for their actions.
It is clear to me that this was a drawn-out and secretive process that never intended to provide the transparency and accountability promised to Bijan’s family and friends. As a former prosecutor, I can state unequivocally that this is not justice. In this impossibly difficult moment, I want Bijan’s family to know I share their pain and anger at this injustice and will continue to fight to have the Park Police turn over all evidence gathered to the family’s attorneys.
I am hopeful that the family will finally see justice in civil court."
Since the shooting, Congresswoman Eleanor Holmes-Norton and Congressman Don Beyer have introduced bills to require uniformed federal police officers to wear body cameras and to require federal police officers to participate with local and state task forces, regardless of whether those local forces wear body cameras.
Since the latter bill was introduced, the Justice Department announced a pilot program for body-worn cameras by federally deputized task force officers.
This is a developing story and will be updated once more information becomes available.