December 24, 2020
Lt. Col. Jarad Phelps Prince William County Police Department 5036 Davis Ford Road Woodbridge, Virginia 22192 Re: Officer Involved shooting, PD 200033748 Dear Lt. Col. Phelps, At 9:34 p.m. on December 10, 2020 the Commonwealth’s Attorney’s Office was notified that an officer involved shooting had occurred in the Four Seasons community of Prince William County. We were notified that the deceased was a seventy-nine (79) year old resident of the 3600 block of Secret Grove Court and that there were potentially five officers involved in the shooting. This Office immediately instituted and coordinated an Incident Response Team independent of any investigation that the Police William County Police Department was conducting. This team was made up of myself, my Chief Deputy Kristina L. Robinson and Deputy W. Michael Phipps. Over the course of the last two weeks, we have reviewed all accessible investigative information. The sources of information available to us include 1207 items uploaded to Evidence.com, the evidence sharing website utilized by the County, police reports and call-for-service data contained in the Premier One records keeping system that is used by the Prince William County Police Department. Recordings of the 911 call and radio traffic as well as the police dispatch records (CADS) were reviewed. Over 900 photographs were viewed that document the evidence collected in and around the subject house as well as the residence to the immediate right of the house, photographs of all officers present at the time of the shooting, photos of evidence collected from their persons, i.e. firearms and shield, and photos taken of the deceased at both Sentara hospital and the Office of the Medical Examiner. Crime scene reports and an evidence collection list were compared to photographs and body-worn camera footage. Body-worn camera footage from all nine officers present on scene as well as the video footage taken by the FX2 police helicopter were extensively reviewed. We reviewed each of the audio recorded interviews of the officers and co-responders done by the police detectives in the early morning hours of December 11th as well as the follow up interviews completed on the following Tuesday, Finally, we reviewed all communications with the deceased’s family members and conducted an independent consultation with the wife and the eldest son on Tuesday, December 23, 2020. We are currently preparing a full report detailing our factual findings. While that is forthcoming, I have completed my review of the incident and legal analysis and am writing to you today to share the conclusion of that review and analysis so that you make take whatever action you deem appropriate for your department. As you are no doubt aware, the law of “self-defense,” as well as the “defense of others,” is a law of necessity and analyzed under the same body of law. A person who reasonably apprehends imminent bodily harm by another to himself or others is privileged to exercise reasonable force to repel the assault. Humphreys v. Commonwealth, 37 Va. App 36, 553 S.E.2d 546 (2001). There must be some overt act indicative of imminent danger at the time. Commonwealth v. Sands, 262 Va. 724, 553 S.E.2d 733 (2001). It is not essential to the right of self-defense that the danger should in fact exist. If it reasonably appears to the person using “deadly force” that a danger to life exists, he has the right to defend against it to the same extent, and under the same rules, as would obtain if the danger had been real. McGhee v. Commonwealth, 219 Va. 560, 248 S.E.2d 808 (1978). In this incident, the danger posed by the decedent was real. Having the benefit of bodyworn camera footage, video footage from FX2 helicopter, and forensic collection at the scene, it is clear that the Officers apprehended imminent bodily harm as the subject raised his gun at the Officers while walking towards them and saying, “Shoot me.” Each of the Officers expressed that they believed either they, individually, were in danger of being killed or that the other officers present were in danger of being shot or killed. The decedent’s actions in walking toward the officers with his arm raised and a gun in his hand aimed at the Officers left the Officers no alternative but to use deadly force. Accordingly, I find that the use of deadly force was both justified and reasonable under the circumstances. Very truly yours, Amy Ashworth
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