An FBI agent accused of shooting and killing a neighbor in Stafford County, Virginia, previously pulled a gun on a puppy and a carful of teens, prosecutors allege.
He faces four misdemeanors for allegedly pulling his gun on his neighbors.
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WATCH HEREMilitary veteran Jason Chamberlain was shot and killed in the middle of the street in February, police say. The Stafford County Sheriff’s Office called him a hero for helping law enforcement right before he was shot.
The county prosecutor says there isn’t enough evidence to charge the suspected shooter, FBI agent Benjamin Spinale, in the killing, despite being surrounded by sheriff’s deputies at the time.
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SIGN UP On Monday, for the first time, News4 heard from an attorney representing Chamberlain’s family and estate.
"The family will not rest until every avenue of justice has been pursued to protect the name and memory of their father and their beloved husband,” Scott Fisher said.
A confrontation over a teen on a dirt bike
The incident on Feb. 28 began when Spinale, who was off-duty at the time, got into an altercation with a young man named Nico Vazquez, who was riding his dirt bike down the street.
Spinale drew his gun, stepped into the road and pointed the gun at Vazquez, prosecutors said in court documents. Vasquez passed him but hit a dead end and had to go back past Spinale, who was still in the street. Court documents say Spinale again pointed his gun at him.
After Vasquez told his father and brother that a man had pulled a gun on him, the three of them went back to the area to find out the name of the street so they could report the incident to police, the father later told News4.
But as they were pulling up, Vasquez's father said, a Stafford County deputy stopped them and started questioning them. The father said during the questioning, a man in plain clothes stood behind the deputy with a gun pointed at them, escalating the situation.
Police said while they were interacting with the young man's family, Chamberlain got involved and the off-duty agent shot him.
Spinale was charged with two misdemeanor counts of brandishing a firearm for the part of the incident involving Vazquez.
Neighbors report similar gun-brandishing incidents
As news of Chamberlain’s death spread through the community, other neighbors came forward to report similar incidents in the past.
Prosecutors told the court that, in October, a man opened his front door early one morning to pick up a package from his porch. The family’s Labrador retriever puppy ran through the open door and onto the street. Doorbell camera video shows the puppy approaching Spinale, who was walking his two beagles, prosecutors said.
Video shows Spinale pulling a gun from his right hip and pointing it at the puppy and the homeowner, who tried to deescalate the situation, prosecutors said.
Spinale’s defense attorney claimed the puppy was acting aggressively.
In another case, in February, prosecutors say three juveniles were driving as Spinale walked his dogs on the sidewalk. He saw them, pointed a gun at the car and yelled something as they drove off.
Spinale’s attorney claimed the FBI agent didn’t draw his gun but did pull back his coat to show his badge. The lawyer said he yelled at the teens to slow down.
Prosecutors said they looked at evidence from the vehicle’s electronic recording devices and found the driver was going 23 mph in a 25 mph zone.
The FBI opened its own investigation into Spinale, who has been a special agent for about 13 years, the agency told News4.
Spinale and his lawyer declined to comment after a court hearing Monday.
