Fairfax County Police Watch: Horan finds another cop innocent of murder

Officer Cleared in Janitor's Death

BYLINE: By Athelia Knight, Washington Post Staff Writer

SECTION: Metro; C9

LENGTH: 309 words

An internal Fairfax County police investigation has cleared a police officer who mistakenly shot a janitor during a stakeout of an often robbed school, Commonwealth's Attorney Robert F. Horan Jr. said yesterday. Horan said the investigation found "no wrongdoing" by officer David Lubas, who shot and killed custodian John Jackson Dec. 29 in the kitchen of the private Talent House School, 9211 Arlington Blvd.Lubas shot Jackson three times when he entered the school with his 22 caliber gun, apparently to begin his own stakeout.Jackson was unaware that two plain clothes police officers were also staking out the school.

"It's a tragic incident," Horan said. "There is no reason to suspect that Jackson was coming in there to burglarize the place. He was coming there to stake the place out like the police [were doing.]" Eldon Merritt, owner of the school, had offered a $500 reward to his employes for help in apprehending the persons responsible for a series of burglaries at the school.Jackson, 33, of Manassas, had returned to the school about 1:30 a.m. on Dec. 29. But, unknown to him, two Fairfax County police officers, Lubas and Nancy Lutz, were inside the school on a stakeout."Normally on a stakeout, you let as few people know about it as possible," Horan said. "There is a question of whether or why Mr. Jackson wasn't told about it. Certainly, he should have been notified."David Feldman, an attorney who is investigating the death for Jackson's family, said yesterday that Jackson had staked out the school premises the three nights prior to the shooting. "It's absolutely obvious that something went wrong," Feldman said.Horan said Lubas, a three-year police veteran who had been placed on administrative leave pending the completion of the police investigation, returned to work last week.

Morrogh finds cop he doesn’t love. In other news, hell freezes.

Probe of fatal police shooting goes to federal authorities

By Justin Jouvenal/Post

The Fairfax County prosecutor has turned over the investigation of a fatal police shooting of an unarmed Springfield man to federal authorities, citing complications with the five-month-old case.

Commonwealth’s Attorney Ray Morrogh said the U.S. attorney’s office for the Eastern District of Virginia has agreed to continue the probe into the death of 46-year-old John Geer, who was shot during a standoff with Fairfax County police in August. No one has been charged in the incident.

“There is a conflict of interest that has arisen in the case,” Morrogh said Thursday. “And there is a second potential conflict of interest that has arisen out of my office. . . . This is the prudent thing to do.”

Morrogh declined to describe the nature of the conflicts because the investigation is ongoing. The U.S. attorney’s office said Thursday that it could not confirm or deny any investigation or comment on pending investigations.

Police went to Geer’s Pebble Brook Court home on Aug. 29 because of a report of a domestic disturbance. Geer’s father, Don Geer, said his son was upset because his girlfriend, the mother of his two children, had decided to leave him.

John Geer had thrown his girlfriend’s belongings in the front yard. She called police and told them that Geer had a firearm. Police said they tried for about 50 minutes to persuade Geer to leave the home, but he refused.

Don Geer said he watched the climax of the encounter. He said that he could not hear what officers were saying to his son but that he saw him standing with empty hands resting on top of a screen door at the home’s entrance.

At some point, John Geer began to slowly lower his hands and an officer opened fire, hitting Geer in the chest, his father said. Geer retreated inside and closed the door. A SWAT team eventually entered the home and found Geer dead.

Don Geer said detectives later told him that his son did not have a gun on him at the time of the shooting but that there was a holstered handgun a couple of steps from the front door.

Don Geer said it appeared to him that the shooting was unjustified, but he was unsure what to make of the probe being turned over to federal authorities.

“I don’t know whether that’s good or bad — if I had a better idea of why they are doing it, I could form an opinion,” he said.

Geer and friends of his son have been critical of how long the investigation has taken, but Morrogh said police and prosecutors were working to explore all the evidence. He did not think federal prosecutors would have to start from scratch.

“No one wants these things to linger on,” Morrogh said.

Our ink will outlast his career

Under the reign of former Chief of Police Rhorer the Fairfax County Police arrested a man for not wearing clothes in his house while he made coffee, set up an eye doctor on a gambling charge and then used the SWAT team to kill him. An investigation into the charge that the Doctor’s primary clients were cops has never been investigated. The police gunned down an emotionally unstable man because cop who shot him wrongly assumed the man was trying to escape. He wasn’t. The cops also shot dead four other citizens under highly questionable circumstances. The department under Rhorer was sued multiple times by citizens. So did they fire Rhorer? Naw they promoted him. According to news reports Rhorer draws a salary of $191,168 per year as Deputy Fairfax County Executive as well as a concurrent pension from the Fairfax County police of $173000 per year.

Occupation by force

According to the most recent U.S. Census figures, nearly one in five Fairfax residents (17.5 percent) is of Asian descent while Hispanics make up nearly 16 percent of Fairfax’s overall population. Those numbers drop considerably when applied to the Fairfax County Police Department, where only 4.3 percent of officers are Asian and 4.1 percent Hispanic. White officers make up 84 percent of Fairfax County’s 1,360-member police department, significantly higher than the county’s general population (54 percent white). Almost 90% of the force lives outside the county.