Crime & Safety

Body-Camera Video Shows Struggle Over Officer’s Gun In Annandale

Fairfax County police released body-camera video of a July confrontation in which an officer shot an Annandale man.

Fairfax County police released body-camera video of a July confrontation in which an officer shot an Annandale man. Here a second officer with a Taser fires as the suspect grabs the firearm of the other officer.
Fairfax County police released body-camera video of a July confrontation in which an officer shot an Annandale man. Here a second officer with a Taser fires as the suspect grabs the firearm of the other officer. (FCPD)

ANNANDALE, VA — Fairfax County police released body-camera video Wednesday showing the moments before an officer shot an Annandale man who police said tried to take the officer’s gun during a search in a wooded area.

The July 28 video shows officers searching dense brush off Americana Drive before Nehemia Fuentes Banegas, 26, emerges and grabs Second Lt. Edwin Pastora’s firearm, according to police. Pastora fired once, grazing Fuentes Banegas’ shoulder, while another officer deployed a Taser.

Police Chief Kevin Davis said at a Wednesday news conference that Pastora intentionally fired during the struggle. Both officers involved in the incident have returned to full duty, he said.

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Video Shows Search And Struggle

Officers responded around 10 a.m. to a home in the 7000 block of Sutter Lane after a woman called 911 and reported that her husband was armed with two knives during a domestic incident, according to police.

Davis said the woman described Fuentes Banegas as having assaulted her and making statements indicating that he might harm himself. Police said Fuentes Banegas injured himself before leaving the home on foot following an argument.

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Officers established a perimeter and requested assistance from the department’s helicopter and K9 units. The newly released footage includes portions of the officers’ search through the wooded area.

The helicopter detected a heat source, but a sound barrier along the Capital Beltway periodically obstructed the aircraft’s view as it circled, Davis said. The helicopter crew told officers on the ground that they were approaching the person’s location.

The body-camera video shows Fuentes Banegas emerging from heavy brush and reaching for Pastora’s gun. A still image released by police shows Fuentes Banegas’ hand around the firearm as Pastora attempts to retain control of it.

“The suspect has his hand wrapped around the firearm that’s in the possession of our police officer,” Davis said. “The top of his hand is around the barrel, and the bottom of his hand is around the frame.”

Davis said Pastora used his free hand to keep control of the gun before firing. The second officer deployed his Taser at about the same time.

The Taser struck Fuentes Banegas twice, according to Davis. The chief said he believed the Taser caused Fuentes Banegas to cry out and that Fuentes Banegas might not have immediately realized the gunshot had grazed his shoulder.

Officers Provided Medical Aid

The video shows officers handcuffing Fuentes Banegas and providing medical assistance. Officers removed his shirt to assess his injuries while waiting for Fairfax County Fire and Rescue personnel, police said.

Fuentes Banegas was taken to a hospital with injuries that were not considered life-threatening. Davis said he received sutures and follow-up stitches.

The video also captured Fuentes Banegas making statements after he was detained. Davis said police translated one statement as, “I wish you would have hit me.”

Davis said the remark and other statements suggested Fuentes Banegas may have been trying to provoke a police shooting. He emphasized that this was an assessment made after officers reviewed the video, not something officers knew during the search.

Asked whether a mental health clinician could have participated in the response, Davis said officers had been told Fuentes Banegas was armed and the circumstances did not provide a safe opportunity to bring a clinician into the wooded area.

“There’s a logical point of insertion of a clinician into a scenario, and none of these events on this particular day allowed for that to remotely be the case,” Davis said.

Officers Return To Full Duty

Pastora, a 12-year department veteran assigned to the K9 Unit, was initially placed on restricted duty while the shooting was reviewed.

Davis said Wednesday that Pastora and the second officer had returned to full duty. He said the video showed that the officers communicated effectively and acted consistently with department training and policy.

The department continues to provide evidence, including body-camera recordings, to the Fairfax County Commonwealth’s Attorney’s Office, Davis said.

Fairfax County police previously said the Major Crimes Bureau was conducting the criminal investigation. The department’s Internal Affairs Bureau and the county’s independent police auditor were also reviewing the incident.

Investigators with the department’s Real Time Crime Center used available camera footage to retrace Fuentes Banegas’ movements and locate the two knives he allegedly carried before leaving the Sutter Lane home, according to police.

After being medically cleared, Fuentes Banegas was taken to the Fairfax County Adult Detention Center and charged with attempting to disarm a law enforcement officer. Police said he was being held without bond.

Patch previously reported that Fuentes Banegas faced a felony strangulation charge stemming from an April 10 domestic violence case. The charge was dismissed after the alleged victim asked prosecutors not to proceed, according to court records provided by the Commonwealth’s Attorney’s Office.

The records did not indicate the allegation was found to be false or identify another reason for the dismissal.

(FCPD)

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