An FBI agent is facing gun charges in connection to a shooting death investigation in Stafford County, Virginia, according to an indictment. A 61-year-old man was shot and killed in February.
The sheriff's office said the victim was a hero, rushing from his nearby home to help officers during an altercation in the street.
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WATCH HEREThe sheriff’s office said at some point, the off-duty agent shot and killed the man, but it has released very little information about why the agent opened fire.
Monday in court, News4 confirmed FBI Agent Benjamin Spinale is facing four misdemeanor charges for brandishing a firearm. Grand jury indictments show two of the charges are from an incident on Feb. 28 — the same day the sheriff's office says an off-duty FBI agent shot and killed a man who was trying to help police. Court documents don't specify what happened.
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SIGN UP Spinale was indicted in April on four charges of brandishing a weapon. In a motion, prosecutors asked the judge to seal the indictments because, according to court documents, they relate to a broader investigation into a shooting death.
The two other brandishing charges are from an incident in October and another in early February, according to the indictments.
It's not clear which indictments specifically relate to the shooting death investigation, but attorneys asked the judge to keep the indictments sealed until the shooting death investigation is complete. On Monday, the county prosecutor told News4 that investigation is now complete. News4 requested a copy of the investigative report from the sheriff's office.
A confrontation over a teen on a dirt bike
Police said the clash began when the off-duty FBI agent got into an altercation with a Hispanic teenager for riding a dirt bike down their neighborhood street. The teen told his father and brother that a man pulled a gun on him.
The father later told News4 the three of them went back to the area to figure out the name of the street so they could report it to police, but as they were pulling up, the 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.
The father said his family never got into any physical altercation with police, but he and his two sons were charged for assaulting law enforcement.
Police said while they were interacting with the teenager’s family, a 61-year-old named Harold Chamberlain, who goes by Jason, got involved and was shot by the off-duty agent.
Police have not said what happened in the moments before the shooting, and no one has been charged for killing Chamberlain.
Other members of the community have since reported a prior history of Spinale pointing guns at them.
In the days after the shooting, the FBI confirmed the agent involved in the shooting was under internal investigation. News4 requested an update on the internal investigation on Monday and has not heard back.
News4 also asked if Spinale is an agent in the FBI's Washington Field Office and was told, "no comment."
News4 also left a message with Spinale's defense attorney, who has not responded. Spinale is scheduled to be in court on the four misdemeanor gun charges in June.
