The Justice Department said it will not be reopening the investigation into the killing of Bijan Ghaisar by U.S. Park Police nearly 5 years ago.

/ Courtesy of the Ghaisar Family

Update, 10/19: The officers charged with fatally shooting Bijan Ghaisar surrendered to authorities and were arraigned in Fairfax County this morning, according to the chief of staff for Commonwealth’s Attorney Steve Descano.

Park Police officers Alejandro Amaya and Lucas Vinyard were released on bond after the arraignment. At the request of prosecutors, the officers were released conditionally, including prohibitions on leaving Virginia, possessing firearms or ammunition and using their police powers.

Amaya and Vinyard are due back in court for a status hearing on Nov. 23.

Original:

Fairfax County Commonwealth’s Attorney Steve Descano announced that a local grand jury returned an indictment against the two U.S. Park Police officers who fatally shot Bijan Ghaisar in 2017. The two officers will be tried for involuntary manslaughter and reckless discharge of a firearm.

“Our heavy hearts are a little lighter tonight knowing that the police officers who murdered our son and brother are closer to being held accountable for what they did,” the Ghaisar family said in a statement.

“The community can now start to get answers. I know this case is top of mind to the members of this community,” Descano said in a Thursday evening press conference.

Ghaisar was killed by Park Police in November 2017. Two officers, Alejandro Amaya and Lucas Vinyard, pursued Ghaisar following a minor fender bender and then fatally shot the unarmed 25-year-old, video from Fairfax police shows.

The officers are not in custody, but Descano said bench warrants had been put out for them. Both could face up to 15 years in custody if found guilty.

“We are deeply grateful to so many in this community and others farther flung who have supported us and joined in this fight with us,” the Ghaisar family statement continued. “We would like to express our deep gratitude to Commonwealth Attorney Steve Descano and his staff and Fairfax County Police Chief Ed Roessler for their decency, courage and commitment to serving this community. They have sought justice and accountability in this case despite many challenges.”

Legal action around the police killing has stretched on for years. After a lengthy FBI investigation, federal prosecutors declined to press charges against Amaya and Vinyard. On the local level, Descano and his predecessor, Raymond Morrogh, have both investigated the case with an eye to possible criminal charges. The Park Police have said that they won’t begin an internal affairs investigation into Amaya and Vinyard until the criminal complaint is resolved.

Meanwhile, the Ghaisar family has filed a $25 million federal civil lawsuit against the United States for excessive use of force. It is slated to go to trial in November. Federal attorneys argue that because Amaya and Vinyard have asserted their Fifth Amendment rights against self-incrimination in the criminal case, the civil suit can’t move forward without resolution of the local criminal investigation.

Descano said his office had had little cooperation from federal authorities, and thanked Fairfax police for investigating the case. The U.S. Department of Justice declined to produce witnesses for the grand jury’s investigation and was not expected to allow federal agents to testify at trial, Descano said. Moving ahead, he said he expected federal attorneys to push back against the charges based on the supremacy clause, a part of the Constitution that privileges federal laws over state laws if there is a conflict between the two. Descano said his office has secured support from Virginia Attorney General Mark Herring in the case.

“As we near three years since two National Park Police officers tragically shot and killed Bijan, it is long past time for the Ghaisars to receive answers about what happened to their son and brother that night,” Sen. Mark Warner (D-Va) said in a statement Thursday night.

Other local representatives, including Tim Kaine (D-Va), Rep. Jennifer Wexton (D-Va), Rep. Don Beyer (D-Va) and Del. Eleanor Holmes Norton have all weighed in on behalf of the Ghaisar family, demanding further information and action from the federal government.

Hannah Schuster contributed reporting.