May 12, 2023
The family of a Bijan Ghaisar, fatally shot by US Park Police officers 5-1/2 years ago, has reached a $5 million settlement in its civil lawsuit against the government.
Two officers shot 25-year-old Ghaisar of McLean, Virginia, in November 2017 after a stop-and-go police chase on the George Washington Memorial Parkway, just outside the nation’s capital.
Ghaisar was unarmed, but the officers said they feared for their lives when Ghaisar’s car moved forward slowly after it had stopped and the officers stood outside the vehicle with weapons drawn. Ghaisar had pulled over twice before, but then drove off before the pair of policemen could question him. The “chase” was an odd one as Ghaisar never drove at high speed.
Federal prosecutors declined to prosecute the officers, Lucas Vinyard and Alejandro Amaya, after a two-year FBI investigation. At that point, the Fairfax County, Virginia, prosecutor filed manslaughter charges against the officers in Virginia state court. That set off a tug-of-war between state and federal officials over who had jurisdiction to prosecute the case.
In October 2021, a federal judge tossed out the manslaughter charges, ruling that the officers were entitled to immunity and that their actions were proper under the circumstances. The prosecutor, a Democrat, appealed that decision, but the newly elected state attorney general, a Republican, used his authority to stop the appeal.
Ghaisar’s family continued to pursue their civil lawsuit alleging wrongful death. The Ghaisar family said the officers violated their own policies by chasing Ghaisar, who was not accused of any crime. He had simply driven away after being rear-ended by another vehicle and was not required to have stayed at the scene of the accident where he was the victim with only minor damage to his car.
The settlement, detailed April 24 in a court filing, describes the agreement as a compromise. It says that Ghaisar’s parents, James and Kelly Ghaisar, will receive $3.75 million, and their lawyers will get $1.25 million.
The family said it would give all the money to a new organization to be named for their son and which will work to change the law of “qualified immunity,” which limits the ability of the public to sue police officers.
The settlement still must be approved by a judge.
Dashcam video shows the pursuit starting on the parkway, then continuing into a residential neighborhood. It shows the car driven by Ghaisar stopping twice during the chase, and officers approaching the car with guns drawn. In both cases, Ghaisar drives off.
At the third and final stop, the officers again approach with guns drawn, and Amaya stands in front of the driver’s side door. When the car starts to move very slowly, about 2 miles per hour, Amaya opens fire and the car stops. Seconds later, when the car begins moving again, both Amaya and Vinyard fire multiple shots, hitting Ghaisar in the head multiple times.
Vinyard, 41, and Amaya, 43, the officers who killed Ghaisar, have spent the last 5-1/2 years on administrative duty, meaning they work in an office and do not go out on patrol. In 2021, the Interior Department, of which the Park Police is a part, announced it had started procedures to fire the pair and a hearing was held. No decision on the officers has yet been issued.
