The Virginia State Police reported today, in a release, that it has concluded its investigation into the officer-involved shooting that killed Dustin Griffin, 42, of Staunton, on Dec. 17.
The release tells us that “the findings were turned over to the Augusta County Commonwealth’s Attorney, who determined that the actions of the deputies involved were justified.”
Something’s off there, because the way the VSP worded things, they made it sound like, the investigation just concluded, they turned over their findings to the Commonwealth’s Attorney, who has a name, by the way – it’s Tim Martin – and that Mr. Martin, upon receipt of the just-concluded investigation, then “determined that the actions of the deputies involved were justified.”
The timeline we’re being fed today about the conclusion of the investigation and the determination by the Commonwealth’s Attorney is only off by, oh, about seven months.
Setting the scene
On the night of Dec. 17, 2025, deputies arrived at an address on Parkersburg Turnpike about two miles west of the Staunton city limits to arrest Griffin on outstanding warrants.
Griffin attempted to flee, and after a brief foot pursuit, he was tackled to the ground by one of the deputies.
From edited videos released by Augusta County Sheriff Donald Smith on Jan. 16, we can see that, during the ensuing struggle between Griffin and two of the deputies, Griffin produced a gun and shot one in the shoulder.
A third deputy approaching the scene who had not been involved in the struggle fired five shots that hit Griffin in the torso.
The second deputy that had been involved in the struggle with Griffin fired a final shot, approximately four seconds after the final of the flurry of five shots fired by the second deputy.
Smith acknowledged in a press release accompanying the release of the videos that the “final shot struck Griffin in the back of the head.”
What happened in those four seconds between the volley of four shots and the final shot, the one to the back of the head – the kill shot – would seem to be what’s at question here.
Was Griffin still a threat after taking the five shots to the torso, the force of which turned him from his back to his stomach, facing away from the deputies?
And while four seconds might not sound like much time, if you watch the video, it seems like an eternity – the gap between the volley of shots, and then the final one.
Video: Three angles of the Dec. 17 shooting
Where we are today
This all happened eight months ago.
Within three weeks of the shooting, on Jan. 7, Martin put out a release indicating that he had already decided that the actions of the deputies who shot and killed Griffin on the night of Dec. 17 were “not only justified, but entirely necessary.”
Jan. 7, 2026, is seven months ago.
The Commonwealth’s Attorney determined, seven months ago, that the shooting was justified.
He didn’t wait for the State Police to conclude its investigation, and that’s understating the rush to judgment on his part.
Hate to be a conspiracy theorist here, but it sure feels like the State Police delivered the finding that it had been directed to provide back when the Augusta County Sheriff’s Office made the public show of turning over responsibility for the investigation.
The shield, in Augusta County, remains undefeated and unscored upon.
ICYMI: Dustin Griffin case
- Augusta County: Man killed in officer-involved shooting; one deputy airlifted
- Augusta County: Medical examiner confirms ID of man shot, killed by deputy
- The story of the man killed in Augusta County officer-involved shooting
- What’s the status of the investigation into the Dustin Griffin shooting death?
- Augusta County: Prosecutor exonerates deputies in Dec. 17 shooting; still waiting for details
- Augusta County: What happened on Dec. 17 on Parkersburg Turnpike?
- Family of Dustin Griffin: ‘We want answers,’ not ‘premature conclusions’
- Augusta County sheriff releases bodycam video in Dec. 17 shooting: Case closed?
- Dustin Griffin case: Video evidence lacking on the shot to the back of the head
- Virginia State Police not done investigating Dustin Griffin shooting
- Augusta County: Family of man killed in officer-involved shooting still looking for answers
- Augusta County: Family of man killed in officer-involved shooting still looking for answers
- To insure transparency in the Dustin Griffin case, the prosecutor needs to step aside
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Chris Graham
