Commonwealth's Attorney Report on Officer Involved Shooting Jan. 16, 2017

1. Report of Investigation
Officer Involved Shooting
Date of Incident: 1/16/2017
Location: 13316 Covered Wagon Lane
Decedent: Mohammad Azim Doudzai
Raymond F. Morrogh
Commonwealth's Attorney
Office of the Commonwealth's Attorney
4110 Chain Bridge Rd., Room 114
Fairfax, Va. 22030
1

2. Purpose
The purpose of this investigation was to determine if any individual is criminally
responsible for the death of Mr. Mohammad Azim Doudzai. All relevant information and
evidence was obtained by members of the Fairfax County Police Department's Cold Case Squad.
Investigative items gathered, including recordings, transcripts, photographs, videos, police and
scientific reports were turned over to the Commonwealth's Attorney's Office for review and
further investigation as deemed necessary.1 These materials were received by the
Commonwealth's Attorney on April 19, 2017.
Facts
The decedent, 32 year old Mohammad Azim Doudzai, lived with three other tenants in a
rented townhouse located at 13316 Covered Wagon Lane, Herndon Virginia. According to Mr.
Doudzai's longtime girlfriend, RPS2, he had not shown any signs of mental illness in the past but
had been using drugs heavily in the four months leading up to his death. She stated that his
behavior had grown increasingly erratic over this period.3 He had been huffing nitrous oxide
canisters, popularly referred to as "whippets" or "chargers"4 When Officer Bush asked RPS why
Mr. Doudzai would shoot his brothers, she replied, "[Mr. Doudzai] did a lot of drugs and then he
1 There are several reports of analysis that are not back from the lab yet. These reports consist of ballistics
comparisons and narcotics analysis which, at this time, are deemed unnecessary to the completion of this report. To
wait for their completion would delay the completion of this report for another 6 months. However, the materials
will be reviewed when completed and taken into account should they change any facts or opinions relevant to this
matter.
2 This witness requested that her name not be released. Hinson/RPS Interview Tr. 1/19/2017 p. 4
3 Supplement Officer Bush p. 9
4 Id.
2

3. started turning into like a paranoid schizophrenic and he said that we were the devil and we were
after him."5
On Monday morning, January 16, 2017, Mr. Doudzai told RPS to get into his car. He
drove her to a Mosque and told her she needed to convert to his religion. He attempted to enter
the Mosque but returned to the car and stated, "God does not want me." The two returned to the
townhouse at 13316 Covered Wagon Lane. Mr. Doudzai told RPS to leave the house.6 Mr.
Doudzai appeared angry and out of touch with reality as he continued to abuse "chargers."7
Out of concern for Mr. Doudzai's wellbeing, RPS texted Mr. Doudzai's younger brother,
Mohammad Tamim Doudzai, hereinafter Tamim, and asked him to come to the house. She told
Tamim that, "they need to get all of the chargers out of the house because it is ruining Mr.
Doudzai's life and that he needed to get to rehab."8
Tamim agreed to come over to talk to Mr. Doudzai. When he arrived, RPS was waiting
outside the residence, and the two entered the home. As RPS and Tamim stood at the bottom of
the stairs, they could hear the sound of Mr. Doudzai dropping nitrous oxide canisters. RPS said
the canisters make a distinct sound when they are dropped on a table. RPS told Tamim, "we
need to go, he needs to stop doing all this."9 The two went up to Mr. Doudzai's room and
opened the door. Mr. Doudzai had an empty nitrous oxide canister in his hand and RPS took it
from him. Mr. Doudzai ordered RPS to leave the bedroom and locked the door behind her as she
exited. Tamim remained in the bedroom trying to help his brother and reason with him, while
5 In Car Audio/Video Bush/RPS, 1/16/2017
6 Id.
7 Id.
8 Id.
9 Hinson/RPS Interview Tr. 1/19/2017 pp. 14, 15
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4. Mr. Doudzai continued to inhale nitrous oxide canisters.10 Toxicology testing would later reveal
that Mr. Doudzai was also high on cocaine.11 Eventually, Mr. Doudzai removed a handgun from
his closet and ordered Tamim to leave. Mr. Doudzai went into his roommate's bedroom with the
.45 caliber handgun at his side and ordered the roommate, Ali, to leave.12 Ali came out of his
room and stood on the stairs. Mr. Doudzai forced Ali out of the house at gunpoint.13 Tamim
remained in the house for about five minutes longer, pleading with Mr. Doudzai to put the gun
away while Mr. Doudzai threatened to shoot him. Ultimately, Mr. Doudzai pistol whipped
Tamim twice on the shoulder, put the gun to the back of his head, and forced him out of the
house as well.14 RPS had already gone outside.15
Once Tamim came outside and joined RPS and Ali, the three decided to call Mr.
Doudzai's oldest brother to come to the house. All three were concerned for Mr. Doudzai's
welfare. Mohammad Hakim Doudzai, hereinafter Hakim, arrived outside the house within an
hour. At that point Tamim and Hakim went to the back of the residence and entered the home,
while RPS and Ali waited out front. Anxious to get ready for work, Ali then reentered the home
through the front door. Ali went up to a third floor bathroom in order to take a shower.16
While Ali was inside the bathroom, Hakim and Tamim went to the master bedroom to
talk to Mr. Doudzai. The door was locked and smoke was coming from under the door. Tamim
pried the door open with a screwdriver and the brothers entered the room. The brothers went to
the master bathroom and Tamim opened the unlocked door. Mr. Doudzai was inside the
10 Interview Horn/ Mohammed Tamim Doudzai Tr. 1/17/2017 p. 33
11 Certificate of Analysis, N018-17, March 14, 2017
12 Wallace/Ali Interview Part II, Tr. 1/16/2017 p. 28; (Victim's name shortened to Ali for privacy purposes)
13 Supplement Detective J. Wallace 4/19/2017 p. 194
14 Id. at pp. 43-48
15 Interview Horn/Mohammed Tamim Doudzai Tr. 1/17/2017 p. 48; Supplement Detective J. Wallace p.194
16 Id.
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5. bathroom with a propane torch in his left hand which he was using to light a fire in the toilet. He
had a .45 caliber pistol in his right hand.
When the brothers entered the room, Mr. Doudzai shot Hakim in the stomach. He then
shot Tamim in the arm. Ali heard the shooting and a "cry of pain" from one of the brothers.17
Hakim and Tamim ran outside and RPS drove them to Reston Hospital.18 Tamim called 911 on
the way to the hospital. He told the Dispatcher that Mr. Doudzai just shot him and his brother.
Tamim reported that Mr. Doudzai was in the bathroom at 13316 Covered Wagon Lane with a
loaded gun and a lighter. He said his brother acts "psycho and, crazy a little bit."19 At 2:41 pm
Reston patrol officers were dispatched to an assault with a weapon at 1336 Covered Wagon
Lane. The Dispatcher advised that the caller and his brother had been shot in the arm and the
stomach respectively.20
The police obtained Ali's cell phone number and called him. Ali heard the phone ringing
but he was afraid to answer it because Mr. Doudzai might find him in the bathroom.21
Eventually, Ali answered the phone and the following exchanges took place between Ali and the
Dispatcher:
911 Dispatcher: Ok, where are you, where are you in the house?
Ali: 3rd floor bathroom
Ali: Yeah. Too much smoke, oh my God.
911 Dispatcher: OK there's a lot of smoke?
Ali: Yeah
911 Dispatcher: Ok, are you able to get out of the house? Are you scared?
"11
18 Id. at p. 96
19 Reston Channel 5 radio traffic 1/16/2017, 2:38 p.m. (Dispatcher and Tamim Doudzai)
20 Reston Channel 5 radio traffic 1/16/2017
21 Supplement Detective J. Wallace at p. 194
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6. Ali: what?
911 Dispatcher: Are you able to come out of the house? Are you safely able to do that?
Ali: Yes, no, he's outside
911 Dispatcher: Say that again
Ali: He's outside.
911 Dispatcher: He's outside, so somebody's keeping you hostage in there?
Ali: Yes
911 Dispatcher: Yes?
Ali: yea
911 Dispatcher: Ok, where is he?
Ali: Outside the door.
911 Dispatcher: Outside the door. And you're in a bathroom on the third floor, it's in the
back of the house?
At this point Ali hung up and the dispatcher attempted to call him back five times. On the
fifth attempt Ali answered the phone.
Ali: Hello
911 Dispatcher: Can you hear me?
Ali: Yeah, its burn, some very fire, oh my God burning [cough]
911 Dispatcher: Are you hurt?
Ali: No, I'm ok
911 Dispatcher: What is your name?
Ali: My name is Ali, my name is Ali Aihemaiti.
911 Dispatcher: Ali
Ali: Yeah
911 Dispatcher: Ok, where are you now, are you still in the bathroom?
Ali: Yeah, I, I locked the door, he didn't know I'm, I am in the bathroom.
911 Dispatcher: He doesn't know that you're in the bathroom?
Ali: Yea
911 Dispatcher: Ok don't hang up. I just want you to keep an open line ok?
6

7. Ali: I, I'm scared if he heard me.
911 Dispatcher: I know you're scared we're gonna get you out ok.
Ali: Ok.
911 Dispatcher: Ok?
Ali: Ok.
911 Dispatcher: Where, so you are on a third floor bathroom in the back, right?
Ali: Yeah, I'm, I'm in the, yeah, I'm in the bath, 3rd floor bathroom.
911 Dispatcher: And he doesn't know that you're there?
Ali: Yeah
911 Dispatcher: Ok, so where is he, where can you hear him?
Ali: I don't know
911 Dispatcher: On the same level as you or somewhere else?
Ali: I don't know
911 Dispatcher: Ok do you have a window in that bathroom?
Ali: No
911 Dispatcher: So there's no, no way out other than the bathroom door. Correct?
Ali: Yeah, yeah, yeah.
911 Dispatcher: And is that in a bedroom? Or does that lead, or does that lead to a
hallway
Ali: I don't know because, outside is fire. Ican't heard something, it's broken so I don't
know if it's him or something is broken.
911 Dispatcher: Ok,* banging noise* are you ok?
Ali: Yeah
911 Dispatcher: Ok, I heard a bang, alright so, what I want you to do is just keep the open
line with me ok, so you think he's on another level possibly?
Ali: I don't know.
911 Dispatcher: Do you have smoke in the bathroom?
Ali: A lot of smoke
911 Dispatcher: A lot of smoke, and there's no, there's no window?
7

8. Ali: No window, but I, but I, I think, I think he's in downstairs.
911 Dispatcher: Say that again.
Ali: I think he's downstairs
911 Dispatcher: he's downstairs, ok. I'm gonna, I'm gonna get you help, do not hang up
ok.
Ali: Ok.
Dispatcher: Don't hang up.
Ali: Yeah, I don't wanna. I can't, I can't, I can't hardly...
911 Dispatcher: Say that again, say that again.
Ali: I can't heard, he's sounds, he sounds, far away from me.
911 Dispatcher: He sounds far away.
Ali: I think he's downstairs.
911 Dispatcher: You think he's downstairs.
Ali: Yeah.
911 Dispatcher: Ok, if you're going to leave that bathroom I need to know ok.
Ali: I think, I will be here to stay safe. *noise* Oh my God.
911 Dispatcher: You want to stay right?
Ali: Yeah
911 Dispatcher: Ok, we're gonna try to get someone in there to get you, I just want you to
stay put if you can, can you do that?
Ali: I can
911 Dispatcher: Alright, I need you to get on the floor, are you on the floor?
Ali: No, I'm in the bathroom.
911 Dispatcher: Yeah, I need you to get on the ground, cause the smoke rises *noise*
Ali: Wow, oh my God.
911 Dispatcher: What was that?
Ali: I don't know, (inaudible) *noise* Oh my God. I think he downstairs.
911 Dispatcher: Ok, ok, just stay calm for me ok, I want you to sit on the floor because
the smoke rises ok? Can you hear me, Ali?
8

9. Ali: Yeah I hear you, I can hear you.
911 Dispatcher: Wait for them to come to you ok?
Ali: Ok
911 Dispatcher: Do you have any towels near you??
Ali: (inaudible)22
Officer G. Luther was the first officer to arrive at the townhouse. He and the second
officer to arrive took cover behind his cruiser. Officer Luther advised other responding units of
his position and directed them to set up outside the back of the townhouse. Meanwhile, PFC
Bush, who was at the Reston Hospital with the shooting victims, radioed to officers that Mr.
Doudzai had shot his two brothers with a .45 caliber pistol. He further advised that there was a
possible hostage in the house. Officer Luther used his megaphone to attempt to coax Mr.
Doudzai to come outside and surrender.23
Moments later, Officer B. Bender, armed with a duty rifle, took cover behind a fence at
the back of the home. Shortly thereafter, he heard a gunshot from inside the house. In response,
he and several other officers moved to a new position behind some cars in order to have better
visibility. It soon became clear to the officers that the townhouse was on fire. Officer Bender
saw smoke billowing from the house and flames in the upstairs window.24
Out of concern for the safety of the residents of the adjoining townhouses, two of the four
officers out back went to evacuate the citizens from their homes. Officer Bender and a second
officer adjusted their positions to provide cover for these officers and evacuees in case Mr.
22 911 Call, Dispatcher/Ali Tr. 1/16/2017 pp. 1-4)
23 Supplement Officer G. Luther p. 4
24 Supplement Officer B. Bender p. 6
9

10. Doudzai came outside with his firearm. During this period, Officer Bender heard 6 or 8 more
gunshots coming from inside Mr. Doudzai's house. None of the shots seemed to be directed at
the officers outside the back of the house.25
At fnis point, Officer Bender moved to a better tactical position up on the deck of a
neighboring townhouse. After several minutes, Mr. Doudzai emerged onto the deck from the
townhouse in question. He was waving a large knife with his right hand. Mr. Doudzai then
moved to the edge of the deck placing Officer Bender in fear that he had the gun in his left hand,
which would have placed the reaction team officers in danger. The officers were at a tactical
disadvantage insofar as Mr. Doudzai had the higher ground and the officers were exposed should
he begin firing at them. Mr. Doudzai ignored commands to drop the knife. He appeared to be
irate.26 As Mr. Doudzai raised his left hand, Officer Bender saw that he held ajar with a clear
liquid inside. Mr. Doudzai threw the jar full of liquid over the railing and re-entered the
townhouse.27
At 3:19 p.m. MPO Lance Guckenberger, a member of the Fairfax County Police
Department's SWAT team received a message to respond to 13316 Covered Wagon Lane. The
initial message reported a barricade situation, in a burning house, where the subject had shot his
brother. The message further advised that police heard gunshots from inside the home and that
the victim was no longer in the residence.28 Shortly after this, MPO Guckenberger received an
updated message which stated that there was an innocent individual in the house who was either
hiding in a bathroom or being held hostage 29
25 Id.
26 Supplement Officer J. Jones pp. 6, 7
27 Id.
28 Interview with MPO Guckenberger Tr. 1/18/2017 p. 27
29 Id. at p. 29.
10

11. MPO Guckenberger was the first SWAT team member to arrive at the scene. He arrived
at 3:32:14 p.m.30 Moments later, Sergeant Luik in his capacity as Assistant SWAT Team
Leader, ordered the SWAT team to get snipers out immediately.31 MPO Guckenberger selected
supplemental SWAT team member, PFC. V. Pullicino, to serve as his spotter and, after gearing
up, the two set out to locate an appropriate tactical position.-32
One of the local residents gave MPO Guckenberger permission to set up on the back deck
of his townhouse. This townhouse was located on Covered Wagon Court, a street perpendicular
to Mr. Doudzai's residence, and approximately 70 yards distant from it.33 Both officers were
listening to the main radio channel, channel 5, and heard all of the communications from the
dispatcher as events unfolded. They also communicated over the same channel as necessary.34
In the meantime, a reaction team comprised of SWAT and supplemental SWAT
members, assembled behind a van parked two houses down from Mr. Doudzai's townhouse.
One member of this reaction team was MPO Finn, an 18 year veteran of SWAT. He made radio
contact with Sergeant Luik over radio channel 5. The two conferred with respect to the tactical
situation, and arranged to remove patrol officers from dangerous positions behind cruisers and
bushes, where they had taken up positions as first-responders.35
A short time later, MPO Finn heard the dispatcher advise that there was a hostage inside
the house. At this point, the situation changed from a barricade into a hostage scenario. The
reaction team began formulating plans to attempt to rescue the hostage. MPO Finn later
30 Reston Channel 5 radio traffic
31 Id. at p. 30
32 Id.
33 Crime Scene aerial photograph with measurements
34 Interview PFC Pullicino Tr/1/16/2017 pp. 19-20; Interview with MPO Guckenberger Tr. 1/18/2017 p. 36
35 Interview with MPO J. Finn Tr. 1/16/2017 p. 7
11

12. explained that time is on the side of the reaction team in a barricade, but when a hostage is
involved, the suspect "dictates a lot of what is going to happen."36 MPO Finn stated that in a
hostage situation, the priorities of life are, hostage, innocent bystanders, police officers and then
the suspect. He said, "We're committed to do something to put the safety of the hostage above
our safety."37
At 3:43:54 p.m. PFC Luther reported that Mr. Doudzai was trying to punch out the front
window.38 At 3:44:52 p.m. PFC Katzman reported that the suspect is ripping the blinds off the
front window above the door.39 At 3:45:11 p.m. PFC Katzman reported that the suspect has a
knife in his hand and is cutting the blinds. Shortly thereafter, PFC Katzman reported that the
suspect was cutting out the screen with a knife.40 These transmissions are confirmed by the
FCPD helicopter video.
At 3:46:36 p.m. the Dispatcher advised, "Confirmed we havea second subject inside the
house, he refused to let the roommate out. He's holding him hostage inside." At 3:47:03 Lt.
Schaible asked the dispatcher where the hostage was located. The dispatcher responded, "The
roommate is gonna be inside the bathroom. The subject won't let him out."
Four seconds later, at 3:47:19 p.m., MPO Guckenberger advised that he was positioned
80 yards away and had a visual of the suspect in the second floor window, third from the left.42
He saw this separation between the hostage and Mr. Doudzai as an opportunity to end this
standoff and save the life of the man hiding in the bathroom. MPO Guckenberger believed that
36 Id. at p. 26
37 Id.
38 Reston Channel 5 radio traffic
39 Id.
40 Id.
41 Id.
42 Reston Channel 5 radio traffic.
12

13. the hostage was in immediate danger of death from smoke, fire and the actions of Mr. Doudzai.
He expected to receive direct authority over the radio from a commander to employ lethal force.
He did not receive the code word authorizing him to shoot. While considering what action to
take, under the General Orders, as well as the circumstances, and before he could make the
decision to shoot or not, Mr. Doudzai moved away from the window and the opportunity was
lost.43
Sergeant Luik requested confirmation from the dispatcher that the subject was armed and
holding the hostage. The dispatcher replied "10-4 the hostage is in the bathroom 3rd floor." This
exchange occurred at 3:50:25 p.m. At 3:51:15 p.m., PFC Katzman radioed that [Mr. Doudzai]
had opened the front door and was wielding a knife. The dispatcher advised at 3:52:23 p.m. that
[Mr. Doudzai] was unaware that the roommate was still in the house.
PFC Katzman advised over the radio, "I still got him in the uh, doorway, his back is to
(inaudible), and he's flailing the knives around, but I'm not sure what he's swinging at."44 At
this point, Mr. Doudzai can be seen on the FCPD Helicopter video standing in the doorway to
the residence waving a knife.45 MPO Guckenberger came on the radio at 3:53:04 p.m. and said,
"Alpha Sierra, the house is smoking pretty good. We got a limited time on uh, an individual.
We got the hostage in there." 46
MPO Walley came on Channel 5 at 3:53: 53 p.m. and advised Sergeant Luik that they are
missing some opportunities to rescue the hostage. Sergeant Luik responded immediately that he
was aware and needed additional people out back. MPO Walley replied, "It may be a situation
43 Interview with MPO Guckenberger Tr.1/18/2017 p. 45
44 Reston Channel 5 radio traffic
45 FCPD Helicopter Audio/Video Recording 1/16/2017
46 Reston Channel 5 radio traffic
13

14. where we need to get the [snipers] involved." At 3:53:53 p.m. Sergeant Luik answered, "They
know the General Orders. The house is on fire. There's a hostage upstairs."47
Within seconds, at 3:54:49 p.m., the dispatcher announced, "Okay the hostage advised,
he's in the bathroom, there's no window, it's filling up with smoke, we need to get him out."
Upon hearing this information, MPO Guckenberger realized that if he didn't take this
opportunity to fire his rifle the hostage might die. He was faced with a difficult shot because of
tree branches within the lane of fire which might potentially deflect the round. He could see Mr.
Doudzai in the door flailing a knife. He aimed at Mr. Doudzai's chest and fired. The sound of
the shot was captured on a neighbor's iPad at 3:55:02 p.m.48 MPO Guckenberger saw Mr.
Doudzai react to the shot by turning, but he could not tell if Mr. Doudzai had gone down. MPO
Guckenberger relayed this information to his spotter, PFC Pullicino, who radioed at 3:55:06 p.m.
that the sniper fired, and that [Mr. Doudzai] closed the front door, but they were unsure of [Mr.
Doudzai's] condition.49 These events were captured on video by the FCPD helicopter camera.
The SWAT reaction team members are trained to go forward to rescue the hostage in the
event of a sniper initiated assault. As MPO Finn later explained, "We have to go because you
can't sit back and now the guy goes and kills the hostage, we gotta take advantage of the
opportunity that's been created...."50
Upon confirmation of the sniper's shot, the reaction team began moving towards the front
of Mr. Doudzai's townhouse. MPO Finn, carrying a HK MP7 submachine gun took the lead.
He kept close to the front of the neighboring townhouses as he approached. When Mr. Doudzai
47 Id. _~=
48 Timeline Mohammad Azim Doudzai, 1/16/2017
49 Interview with MPO Guckenberger, Tr. 1/18/2017 pp. 48-50; Reston Channel 5 radio traffic
50 Interview with MPO Finn Tr. 1/16/2017 p. 16
14

15. re-opened the front door, MPO Finn tossed a flash bang diversion device into the entryway of
Mr. Doudzai's townhouse. As the device exploded, five members of the reaction team
approached Mr. Doudzai's townhouse from the front.
MPO Finn joined the team members at the front of the house and observed Mr. Doudzai
come outside with a large knife in one hand and an unknown object in his other hand. MPO Finn
described the second object as "black, long and cylindrical."51 Mr. Doudzai was waving the
knife around while the reaction team members were telling him to drop it.
PFC. A. Napieralski was among the SWAT members out front. He was carrying a .223
rifle as well as a 40 mm, less lethal, single shot device. MPO Finn called to him to employ the
40 mm. In response, he aimed at Mr. Doudzai's lower abdomen and fired.52 A sound consistent
with that of deployment of the 40 mm can be heard at 3:55:33 p.m. on a contemporaneous iPad
recording made by neighbors.53 The subsequent autopsy revealed no injury consistent with Mr.
Doudzai having been struck by 40 mm projectile. The projectile itself was later recovered by
crime scene detectives inside the foyer of the townhouse. There was also a defect in the wall
which was consistent with a strike from the 40 mm.54 In any event, the less lethal round had no
effect on Mr. Doudzai, who continued brandishing the knife at the officers, as he went in and out
of the front door.55 MPO Finn called for a second 40 mm less lethal deployment, but PFC
Napieralski's 40 mm was empty.
51 Id. at p. 17
52 Id; Interview A. Napieralski Tr. 1/16/2017 p. 11
53 Timeline Mohammad Azim Doudzai, 1/16/2017
54 Report Detective J. Elliot pp. 69-70
55 Interview with MPO Finn Tr. 1/16/2017 p. 18
15

16. At 3:55:34 p.m., as Mr. Doudzai stepped back out onto the front stoop, a second gunshot
is heard on the iPad recording.56 MPO Guckenberger had maintained his position, expecting the
Reaction Team to move quickly into the house in order to create separation and rescue the
hostage. However, he could see that they had stalled in front of the house. MPO Guckenberger
then fired the second round in order to prevent Mr. Doudzai from re-entering the house. He
wasn't sure if, "[Mr. Doudzai] was outside the door or just inside the door," when he fired the
second shot.57 He was aiming for the center of mass, or chest area.58 MPO Guckenberger,
"didn't get much reaction from [Mr. Doudzai]" with respect to the second shot.59
Seconds later, at 3:55:38 p.m., MPO Guckenberger took a third shot as Mr. Doudzai
came all the way outside the door and then turned around to go back inside. On the FCPD
helicopter video, at 3: 55:37 p.m. Mr. Doudzai is seen coming back out on to the stoop, turning
counter clockwise, and reentering the front door. MPO Guckenberger later recounted, "[Mr.
Doudzai] then comes all the way outside the door, several feet outside the door and there's some
commotion, I can see some slight movement here and there and he turns round and he's going
for the door and I was like I can't let him get back in and clearly put it right on the back of his
neck and let the third one go."60 It was clear to MPO Guckenberger that Mr. Doudzai was acting
aggressively, and not surrendering, when he came outside.61 These statements are confirmed by
the FCPD helicopter video.62
56 Timeline Mohammad Azim Doudzai, 1/16/2017
57 Interview with MPO Guckenberger, Tr. 1/18/2017 p. 51
58 Id. at p.60
59 Id.
60 Id. at pp. 51-52
61 Id. at. p. 75
62 FCPD Helicopter Audio/Video Recording 1/16/2017
16

17. Mr. Doudzai is seen on the FCPD helicopter video re-entering the house and immediately
coming back outside after the third shot still waving the knife at the Reaction Team.63 MPO
Finn then called out for the Taser.64 MPO J. Digiulian, one of the SWAT Reaction Team
members, had his .223 rifle up with the safety off as Mr. Doudzai came outside again. Fie was
expecting to see a .45 pistol in Mr. Doudzai's hand, but instead, he saw a knife. He heard
someone on the team shouting "Taser." He knew MPO Walley was next to him with a MP 7
submachine gun aimed at Mr. Doudzai, so he dropped his .223 rifle to his left side, pulled a
Taser off of his vest with his right hand and fired it at Mr. Doudzai. The FCPD helicopter video
appears to show the Taser deployment at 3:55:41 p.m., 3 seconds after MPO Guckenberger's
third and final shot.
MPO Digiulian observed Mr. Doudzai fall to the ground immediately after he fired his
Taser.65 However, the autopsy later showed, "There was evidence of only one Taser dart contact
indicating that the Taser was ineffective."66 Regardless, MPO Digiulian dropped the Taser on
the ground as it ran through its 5 second cycle and ran into the burning house behind fellow
SWAT members in order to rescue the hostage.67 MPO Walley approached Mr. Doudzai who
was still clenching the knife in his right hand. He pinned Mr. Doudzai's right hand to the ground
with his foot. After kicking the knife away, he and PFC Napieralski, dragged Mr. Doudzai out
of the way so others could go rescue the hostage.68
63 Id.
64 Tr. Interview MPO Finn at. p. 18
65 Tr. Interview MPO J. Digiulian, 1/16/2017 p. 9
66 Report of Autopsy # N018-17 p. 1
67 Interview MPO J.A. Digiulian, Tr. 1/16/2017 pp. 18-21
68 Interview MPO B. Walley, Tr. 1/16/2017 pp. 24-25; Interview A. Napieralski Tr. 1/16/2017 pp. 13-14
17

18. Detective M. Boyle, a SWAT reaction team member armed with a .223 rifle, was closest
to the door of the townhouse when Mr. Doudzai was finally restrained. He realized he had to
make entry in order to save the hostage. He entered the burning home, followed by other SWAT
members, and proceeded to climb the stairs to the top floor where the hostage was said to be
located. However as he got to the stairwell halfway up to the third floor the smoke was so thick
he could go no further. He described the conditions as "literally... it's pitch black, you can't see
through it. There's maybe two feet of clean air below the smoke that you can still see the
carpet." He began calling out to Mr. Ali. Portions of the exchange were captured over the radio
as the dispatcher was on the phone with Mr. Ali at the time:
911 Dispatcher: Wait for them to come to you ok?
Ali: Ok
911 Dispatcher: Do you have any towels near you??
Police: Police, we're here, police where you at?
Ali: What? *yelling to police*
911 Dispatcher: its ok, let the, just show your hands, drop the phone.
Ali: I am in the bathroom* to police*
Police: Police, Anyone up here?
Ali: (inaudible)
Police: Where you at? I can hear you, come on out.
Ali: (inaudible)
Police: Anyone else upstairs? You're the only one?
Ali: (inaudible)
Police: Are there any other people in the house?
Ali: (inaudible) Brother...shot them... both of them...
Police: He was two brothers?
Ali: Yea
18

19. Police: Are there any other people in the house?
Ali: No.
Police: Hey, get me a medic, a medic for the hostage 69
There were at least three electronic devices recording the audible and or visual events at
this situation. The FCPD helicopter was videotaping and audiotaping the events from the air.
The police radio channel, channel 5, was recording the audio exchanges between the officers.
And finally, a nearby husband and wife recorded parts of the events on an iPad. When these
three sources are juxtaposed the following rough timeline emerges.
Reston Main Channel Radio Traffic - Blue
Helicopter Video/Audio -Yellow
Neighbor's iPad - Green
Time Action/Statements
15:54:49 Dispatcher advises "Ok the hostage advised,
he's in the bathroom, there's no window, it's
filling up with smoke, we need to get him
out."
15:55:02 Sound of Single Gunshot. Reaction Team
approaches from the east toward the front
door. MPO Finn moves to the garage door of
13314 Covered Wagon Lane
15:55:06 PFC Pullicino reports that the sniper fired a
shot, the suspect's condition is unknown, and
he closed the front door
15:55:12 Suspect opened the front door. Suspect
standing in the foyer. Reaction Team moving
to the front of the townhouse.
15:55:17 Male voices from outside, "put your hands
up."
69 911 Call, Dispatcher/Ali, Tr. 1/16/2017 pp. 1-6
19

20. 15:55:25 Flashbang detonates in the foyer. Suspect
opens the front door and waives the knife in
the direction of the Reaction Team.
15:55:25 Male voice from outside- "Get down! Get
down! Get to the Hostage. Get down!"
15:55:31 Suspect comes to the threshold of the front
door waving a knife in his right hand. Then
steps onto the front stoop and continues to
waive the knife from side to side toward the
Reaction Team. Suspect has an object in his
left hand down by his side.
15:55:33 Subject appears in the threshold of front door.
Sound consistent with 40 mm deployment.
15:55:34 Suspect steps outside onto the front stoop.
Sound of single gunshot
15:55:37 Suspect turns counter clockwise and retreats
back through the front door
15:55:38 Sound of a single gunshot
15:55:38 Suspect goes back into residence. Suspect
immediately comes back out onto the stoop
waving a knife in the direction of the
Reaction Team.
15:55:41 MPO DiGiulian appears to deploy his Taser.
The suspect physically responds and drops to
the ground. The suspect is lying on his left
side on the stoop. The Reaction Team moves
in on suspect.
70
Resuscitative efforts at Reston Hospital were unsuccessful and Doctors pronounced Mr.
Doudzai dead at 4:41 p.m.71 On January 17, 2017, Assistant Chief Medical Examiner, Dr.
Meghan Kessler, performed an autopsy on Mr. Doudzai's body. She determined that the cause
of death was multiple gunshot wounds of the neck and torso and the manner of death was
homicide.72 There were a total of 3 gunshot wounds to the body. Dr. Kessler refers to them in
70 Timeline Mohammad Azim Doudzai, 1/16/2017
71 Reston Hospital Center, Operative Report, 1/23/2017, Doudzai, Mohammad, Azim
72 Report of Investigation, Office of the Chief Medical Examiner, 3/31/2017
20

21. her Report of Autopsy as (A), (B) and (C). Wound (A) was a gunshot wound to the neck.
Entrance was on the left anterior neck with an exit wound to the right side of the anterior neck.
There was accompanying "injury of the subcutaneous tissue, muscle, the thyroid cartilage, and
epiglottis." "The direction of the wound path was left to right, back to front, and upward."
"Associated injury included soft tissue hemorrhage."73
Gunshot wound (B) was of the chest with "entrance of the left side of the mid chest."
This wound included "injury of skin, subcutaneous tissue, muscle, ribcage, [and] left lung."
There were, "Partial exit wounds from the left mid back (3 fragment exits)." "Multiple
fragments [were recovered] from [the] wound path. "[The] direction of the wound path was from
right to left, front to back, and downward." "Associated injury included residual left hemothorax
and soft tissue hemorrhage."74
Gunshot wound (C) consisted of a "gunshot wound of the abdomen [with] entrance on
the left side of the abdomen." There was associated "injury of skin, subcutaneous tissue, and
muscle of the abdomen." "[The] direction of the wound path was indeterminate right/left and
without up/down or front/back deviation." "Associated injury included soft tissue
hemorrhage."75
In Dr. Kessler's medical opinion, "The gunshot wound of the neck (A) injured the airway
and the gunshot wound of the chest (B) injured the ribcage and left lung. The gunshot wound of
the abdomen (C) did not injure vital structures but contributed to blood loss." There was no
evidence of close range discharge of a firearm to the surrounding skin."76
73 ReportofAutopsy#N018-17 p. 1
74 Id.
75 Id.
76 Id.
21

22. There was a Taser probe injury to the right temple, with injured skin and subcutaneous
tissue, to a depth of 1/8" with soft tissue hemorrhage.77 In Dr. Kessler's opinion, "There was
evidence of only one Taser dart contact, indicating the deployed Taser was ineffective."
Dr. Kessler also found soot on the hands, legs, tongue and trachea of Mr. Doudzai as well
as a small cutting wound on Mr. Doudzai's right palm. 78
Toxicology performed on blood taken from Mr. Doudzai at the hospital indicated the
following:
Carboxyhemoglobin approximately 14% saturation79
Ethanol none detected
Cocaine 0.17 mg/L
Benzoylecgonine 1.6 mg/L80
No other drugs and/or drug classes were detected 81
After firefighter's extinguished the fire, Crime Scene Detectives processed the scene.
There was evidence of two separate fires having been set in the home with extensive damage to
the third floor. One fire started in the master bedroom and a second in the master bathroom. It
appeared that Mr. Doudzai had attempted to set a third fire in the kitchen as well. There were
scorch marks on the cabinets and a torch was located in the kitchen.82
77 Id.
78 Id.
79 Carboxyhemoglobin is a stable complex of carbon monoxide and hemoglobin that forms in red blood cells upon
contact with carbon monoxide
80 Benzoylecgonine is a primary metabolite of cocaine
81 Certificate of Analysis, N018-17, March 14, 2017
82 Report Detective Horn p. 112
22

23. In front of the townhouse, detectives recovered a knife with a silver blade and a light blue
handle as well as a silver knife sharpener with a black handle.83 There was an approximately 4
inch pool of blood on the walkway just under the sidelight window to the right of the door.
There was also a small blood spatter pattern in close proximity. There was a second pattern of
blood spatter closer to the left sidelight window.84
In the front hallway there was a burn pattern consistent with scorching from a flashbang.
To the left of the door, detectives located two small fragments from a projectile. Crime Scene
Detectives collected a Taser wire as well as the projectile from the 40 mm. Two round blood
stains were observed on the floor.85
On the wall inside the foyer there was a defect with penetration of the drywall, with a
black smudge preceding it, which was consistent with a strike by the 40 mm projectile. A small
pattern of blood spatter was on the wall above this defect. There were several defects in the
drywall consistent with knife strikes. In the back bedroom, a defect in the wall contained a bullet
jacket fragment.
In the kitchen on the second floor, detectives found a blue acetylene torch on the floor in
front of the stove and scorch marks on the walls above the cabinets where Mr. Doudzai had
attempted to set another fire. There was a bullet hole in the ceiling where Mr. Doudzai had fired
his pistol from the third floor. Detectives followed the trajectory of this bullet to the refrigerator
which had a defect consistent with a bullet strike. A religious book was located in the bathroom
toilet. In the living room, detectives found a striker for lighting torches. They also located a
83 Report Detective Elliot at p. 68
84 Id. at p. 70
85 Id. at p. 71
23

24. gold colored tray with a nearby straw, razor blade and white powdery substance (suspected
cocaine). Suspected marijuana was also collected. The smoke detector on the ceiling had been
tampered with and was disabled.86
The third floor consisted of one master bedroom, with its own bathroom, located at the
back of the residence as well as two front bedrooms and a hallway bathroom and closet. The
hallway walls and the door to the bathroom, as well as the walls inside the bathroom, were
smoke damaged. The smoke detector had been disabled by separating the battery from the
unit.87 The master bedroom and bath had heavy smoke and fire damage.88 Police recovered a
zippo lighter in the master bath and a yellow torch from the master bedroom.89
Detectives recovered a .45 caliber semiautomatic handgun from the floor in the master
bedroom. The safety was off and the hammer was back. Upon ejecting the magazine from the
weapon detectives discovered it was empty. There was a second magazine near the pistol which
was empty. There was evidence that Mr. Doudzai had fired as many as 12 rounds inside the
house. Detectives collected 12 spent cartridge casings from the master bedroom and bathroom,
as well as numerous projectiles (bullet fragments). There were bullet holes in doors, walls,
floors, trashcans and ceilings.90
86 Id.
87 Id.
88 Id. at p. 72
89 Id.
90 Id.
24

25. Conclusion
The officers on the scene were confronted with a rapidly evolving and potentially deadly
situation. Mr. Doudzai was in a drug-fueled homicidal rage when the police arrived at the
townhouse. He had already demonstrated his willingness to kill when he attempted to murder his
two brothers and set fire to the home. The officers could hear him firing his pistol inside the
house. They watched him cut the screen out of a front window with a knife and come outside
wielding the knife in a threatening manner several times. However, the officers had no idea
where the gun was, or when he might start shooting at them or the hostage.
Given Mr. Doudzai's state of mind, the officers were unable to establish any kind of
communication with him and there was no hope of reasoning with him. By setting the house on
fire, Mr. Doudzai introduced an acute urgency to the situation. An innocent man was trapped in
the third floor bathroom of the burning townhome, and he was about to be overcome by smoke.
The officers had a duty to save his life and time was rapidly running out.
In explaining why he fired at Mr. Doudzai, MPO Guckenberger said, " I was concerned
for the safety, the wellbeing of the hostage inside the town house, that if we didn't act now...
that he was either [going to] suffocate or die in a fire and that if [Mr. Doudzai] decides to want to
go up in flames now we just have lost, lost both of them...so the only way to ensure the safety
and the survival of the hostage inside was for me to act right there at the door, um, I believe that
that fire was picking up, the smoke was billowing up, the guy said he can't breathe...I'm..., I got
to save a life..."91
91 Id. at p. 70; Note: It should be noted that the time stamped on the FCPD helicopter video/audio is one hour ahead
of the actual time (Eastern Standard). For the purpose of the logical progression of the event, the time posted on this
time line is listed one hour prior to the actual stamped time on the video. Additionally, there is no time stamped on
25

26. It is clear from the evidence, that MPO Guckenberger fired his weapon in order to save
the life of the hostage. Moreover, he reasonably believed, under the circumstances, that Ali was
in danger of being killed or suffering great bodily harm. Had he not acted, it is quite likely that
the hostage would have died. In my legal opinion, this is a case of justifiable homicide. Foster
v. Commonwealth. 13 Va. App. 380 (1991).
the neighbor's iPad video/audio. The time listed on this time line for the neighbor's iPad video /audio was
calculated by adding the elapsed video time to the time the recording was created.
26