Incident IPA-20-02

Incident Description

"On January 28, 2020, shortly before 10:00 p.m., detectives from the Fairfax County Police Department (hereinafter “FCPD”) Organized Crime and Investigations Bureau (hereinafter “OCIB”) went to a residence on Lee Landing Drive in the Falls Church area of Fairfax County to conduct a search of the residence pursuant to a search warrant. The detectives also planned to arrest an individual residing at the home (hereinafter “DV”) pursuant to warrants authorizing his arrest. Members of the FCPD’s Special Weapons and Tactics Team (hereinafter “SWAT”) were there to assist the OCIB detectives.

Earlier that evening, at approximately 9:30 p.m., there was a briefing to discuss the execution of the search warrant attended by members of both OCIB and SWAT. Officers were informed that, in addition to the search warrant, there were outstanding arrest warrants for DV for possession with intent to distribute marijuana1 and failing to appear in criminal court.

The lead detective also provided information that DV was affiliated with a street gang and that he had access to weapons. Finally, the presence of a second-floor camera had also been noted during pre-search warrant surveillance of the residence, causing concern that DV would know in advance that the officers were getting ready to execute the warrants.

Based on this information and the nature of the search warrant itself, SWAT supervisors approved dispensing with the 1 Va. Code § 18.2-248.1 2 Va. Code § 19.2-128. 3 See, for example, Slain FBI agents gunned down through closed-door: report (nypost.com). usual requirements of first knocking, announcing, and then waiting a reasonable amount of time4 before entering the search location.

SWAT officers were to make the initial entry into the home and to secure the location prior to the OCIB detectives conducting the search authorized by the search warrant. Because the front door to the residence was locked, one SWAT officer used a ramming device to breach the door.

The first three SWAT officers to enter were Master Police Officer #1 (hereinafter “MPO#1”), Police Officer First Class #1 (hereinafter “PFC#1”), and Sergeant #1 (hereinafter “SGT#1”), each of whom shouted, “Police, search warrant!” as they crossed the threshold.

After MPO#1 entered the residence, the entrance to the kitchen was to his left. In the kitchen, MPO#1 saw DV approaching him with what appeared to be a rifle7 pointed at him. MPO#1 raised his handgun from the “ready-gun” position8 and fired three times at DV.

One round struck DV in the leg, who then fell to the ground and was handcuffed by MPO#1. Master Police Officer #2 (hereinafter “MPO#2”) quickly rendered medical aid to DV before medics from the Fairfax County Fire and Rescue Department (hereinafter “FCFRD”)—who had been pre-staged very near the search location—arrived shortly thereafter.

The FCFRD transported DV to Fairfax Hospital, where he was treated and released to the custody of the FCPD. During the transport to the hospital, Police Officer First Class #2 (hereinafter “PFC#2”) accompanied DV and the FCFRD personnel. PFC#2 documented DV stating, unprovoked, “I didn’t mean to point the gun at you,” while he was being transported. Following DV’s treatment and release from the hospital, Police Officer First Class #3 (hereinafter “PFC#3”) transported him to the Fairfax County Adult Detention Center (hereinafter “ADC”), arriving at approximately 2:20 a.m. on January 29, 2020."

NOTE: The identity of the officer referred to as"MPO#1 in the report above has been revealed to in fact be Officer Eric W. Crago, a Master Police Officer in FCPD's Special Operations Division)

Crago was also the officer to shoot in this incident, according to a news release by PCPD.) and the Independent Police Auditor's Report describing MPO#1's actions during the shooting.