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UPDATED: Police fatally shoot man who fought with officer in Penn Daw

Fairfax County Police Chief Kevin Davis addresses a fatal police shooting near a Citgo gas station in Penn Daw (via FCPD/Facebook)

(Updated at 2 p.m. on 5/12/2023) A man from Newport News was killed during a struggle with police in Penn Daw where two officers fired their guns.

No officers were injured in the gunfire, which occured outside a McDonalds (6239 Richmond Highway), but one officer was hospitalized with head injuries from a fight with 38-year-old Brandon Lemagne prior to the shooting, the Fairfax County Police Department said.

“He was fighting for his life, literally,” Fairfax County Police Chief Kevin Davis said of the injured officer in a media briefing.

According to the FCPD, the encounter began when that officer got a license plate alert at 4:06 p.m. for a U-Haul truck that had been reported stolen in Richmond on May 3. The officer pulled into the Citgo gas station adjacent to McDonalds when Lemagne stopped the truck at the station and got out.

“He made contact with driver outside the vehicle,” Davis said. “Very shortly thereafter, the assailant — and that’s what I’m calling him — shoved our police officer into the open front driver’s door of the marked police car and was attacking him, was on top of him and was violently assaulting our uniformed Fairfax County police officer.”

At some point during the struggle, the police cruiser was put in reverse and drove backwards until it hit two vehicles parked at McDonalds.

Scanner traffic on Open MHz captured an officer yelling, “He’s got my gun” at 4:07 p.m., followed about 20 seconds later by shouts of “shots fired.”

According to police, two officers — a 24-year veteran and an 8-year veteran from the Mount Vernon District station — responded to the dispatch. The 8-year veteran fired “several rounds,” while the other pulled Lemagne off of the police officer, Davis said.

The 24-year veteran then fired his gun, hitting and killing Lemagne.

“Several shots fired. We got the guy,” an officer told the dispatcher.

The officer’s gun was recovered from the scene, and he was discharged from the hospital a day later.

Describing the incident as “pretty dramatic” and unlike anything he’s seen before, Davis noted that there was body-worn camera and surveillance footage of the incident. A video from what appears to be a cell phone has already been circulated on social media.

This is the second fatal shooting by Fairfax County police this year, after D.C. resident Timothy Johnson was killed outside Tysons Corner Center on Feb. 22.

“All officer involved shootings receive the utmost investigative attention from our internal affairs bureau and major crimes,” Davis said, later adding that “we certainly take the loss of any life very seriously.”