Published 22:17 IST, October 30th 2020
US: Civil case delayed in fatal Park Police shooting of motorist
A civil suit filed by the family of a northern Virginia man who was fatally shot by two U.S. Park Police officers during a stop-and-go chase three years ago has been put on hold, despite the family's objections to the delay.
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A civil suit filed by family of a norrn Virginia man who was fatally shot by two U.S. Park Police officers during a stop-and-go chase three years ago has been put on hold, despite family's objections to delay.
Bijan Ghaisar, 25, of McLean, died after November 2017 chase on George Washington Memorial Parkway outside nation’s capital. Ghaisar was unarmed, but officers have said y feared for ir life because y believed Ghaisar was driving at m after y approached his vehicle with guns drawn.
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U.S. District Judge Claude Hilton on Friday ordered a delay in trial, which h been scheduled to begin next month. He said a stay is appropriate now that two officers, Alejandro Amaya and Lucas Vinyard, have been charged criminally with involuntary manslaughter in state court.
Hilton said delay may provide a window to obtain testimony from officers, who have been unwilling to testify or give depositions in civil trial while criminal case hangs over m.
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Lawyers for Ghaisar family argued unsuccessfully that family's pursuit of justice will now be delayed for years longer than it alrey has.
“His family has waited three years to get some semblance of justice in this case,” said Tom Connolly, one of family's lawyers.
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Connolly argued that delaying civil trial to get testimony from officers is an exercise in futility because y will never testify in civil case.
Resolving criminal case, he said, could take years. Fairfax County Commonwealth's Attorney Steve Descano announced criminal charges against officers earlier this month , but a battle is expected over wher case belongs in state or federal court.
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If criminal case is removed to federal court, prosecutors have alrey said y do not plan to file criminal charges. But Connolly said Friday that Justice Department could revisit that decision at any time, particularly if election brings a change in ministration. As a result, he said, officers will never be willing to testify in a civil trial.
After hearing, Ghaisar’s mor, Kelly Ghaisar, said ruling was a disappointment.
“Those officers have h three years to testify,” she said. “y have nothing to testify about.”
Most of what is known about case comes from a four-minute dashcam video of chase and shooting released by Fairfax County Police, who played a supporting role in chase. video shows three separate instances in which Ghaisar stopped his Jeep, and officers approached with guns drawn. Each time, Ghaisar drives off.
During third stop, on a residential side street, officers open fire as Ghaisar begins to drive away. In court papers, officers indicate y thought Ghaisar was a threat to m and ors, and that vehicle was aimed at one of officers.
Ghaisar's family said video speaks for itself and shows no such threat.
Hilton scheduled a status hearing in March to reassess when civil trial can be held.
22:17 IST, October 30th 2020