Two U.S. Park Police attorneys hope that federal judges can exempt their clients from the Virginia state prosecutor, and they hope to accuse them of manslaughter in the fatal shooting of Bijan Ghaisar in 2017.
Official hearing Lucas Vinyard and Alejandro Amaya are scheduled to appear in the U.S. District Court in Alexandria, Virginia on Monday.
When the incident occurred, while Amaya and Vinyard were reporting on George Washington Memorial Parkway, they received a call about the hit-and-run incident.
Ghaisar’s black jeep was initially identified as an eye-catching vehicle. However, the dispatcher later informed the police that a red Toyota actually attacked the vehicle and the jeep left the scene.
Despite acknowledging the updated information, the police officers chased Ghaisar, which led to a stop-and-go chase.
Unarmed Ghaisar stopped twice, but drove away because the police drew his gun. After stopping for the third time, he was shot and killed by Wen Yade and Amaya.
Normally, if federal officials are performing their duties and are exempted, they will not be prosecuted by the state government. However, Virginia The prosecutor argued that the police shot and killed Gesar and committed a crime and should not pursue him.
Lawyers for Amaya and Vinyard want the court to dismiss the manslaughter charge “Hegemony Clause” The constitution, which means that states must abide by federal laws.
The prosecutor believes that Amaya and Vinyard were indicted for manslaughter in Fairfax County and therefore cannot be exempted because they are beyond their scope of responsibility. Police officer When they shot Ghaisar.
“The highest clause,” the Virginia prosecutor wrote in court documents, “has never considered immunity from state charges for federal officials who kill outside of federal authority.”
The hearing to dismiss the allegations is planned to last five days. The judge is expected to make a ruling sometime in the fall.
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