FAIRFAX COUNTY, Va. — Editor's Note: The video above was published on Aug. 3, 2022.
A new report from Fairfax County Commonwealth's Attorney Steve Descano reveals new details into an incident where an undercover police officer shot a man in Aug. 2022.
The incident unfolded on the night of Aug. 2, 2022, near the intersection of Arlington Boulevard and Patrick Henry Drive around 11:30 p.m. in Fairfax County.
The new report was released by Descano's office Friday evening, nearly five months after 41-year-old Jeffrey Payne was shot by an undercover police officer during an alleged drug investigation.
The report into the shooting claims that the undercover police officer was working for the Fairfax County Police Department Street Crimes Unit when the officer planned to meet with a suspect in a Wendy's parking lot in a Seven Corners' strip mall to sell crack cocaine.
"Other officers, including the shooting officer - Sgt. Moser - were positioned in other cars in the same strip-mall parking lot as part of this undercover operation," the report reads.
Due to the investigation being undercover, the report shows that none of the officers involved were wearing body cameras.
"Because this was an undercover operation, pursuant to Fairfax County Police Department protocol non of the involved officers were wearing body-worn cameras, nor were any of their vehicles equipped with dashboard cameras," the report explains.
The report claims before the suspect arrived, the Street Crimes Unit officers met and were briefed on the situation, with each officer being assigned a different task.
"Some were assigned to surveil the drug buy (Surveillance Vehicle), some were assigned to transport individuals arrested as part of the operation to jail (Transport Vehicle), and seven officers were split into three vehicles that were responsible for approaching the suspect at the conclusion of the drug deal and making arrests (Arrest Vehicles)," the report reads.
The officer who would shoot Payne, identified as Sergeant Joshua Moser, was one of the seven officers assigned to the Arrest Vehicle detail.
Descano's report goes on to detail how the Street Crimes Unit had information that led them to believe the person they were planning to meet with may be armed.
Just after 10:30 p.m., Payne arrived with a passenger in his car. A drug deal never unfolded as he backed out of the parking space and drove away.
Although no drugs were exchanged, officers claim they had reasonable suspicion that narcotics were in the car and decided to try to pull Payne over.
The three Arrest Vehicles and the Transport Vehicle began to converge on Payne's car, but Payne allegedly sped through the parking lot without headlights in an effort to leave.
Minutes later, Payne's car was brought to a stop by police.
The report goes on to give the account of what happened by Moser, who claims he commanded Payne to put his hands up and pointed his gun at Payne's vehicle. He said where he was standing and with a flashlight attached to his weapon, he could see in Payne's car. Moser claims Payne moved to reach toward the glovebox area of his car.
"This movement was a "roll of the body," Moser claims in the report. He told investigators that based on his knowledge that Payne allegedly admitted to carrying a gun when Payne moved towards the glovebox he believed Payne was reaching for a gun.
The report says Moser told officials he fire at Payne because he knew a nearby detective was in a "vulnerable position with relation to the suspect."
Payne was shot in the arm, according to the report.
Other detectives on scene claim everything happened "very quickly," according to the report. When officers searched the car, they reportedly found drugs but did not find a gun.
Descano's report claims evidence supports Moser's account of events.
"Given the trajectory of the bullet, the location of the suspect's injury, the suspect's height, and the suspect's position inside the vehicle, the only way for the suspect's upper left arm to be struck, would be for the suspect to have been reaching to the right - the "roll of the body" towards the glovebox indicated by Sgt. Moser," the report reads. "If the suspect had not been reaching in that direction, he would have been struck in a different location."
According to our reporting in August, Payne was treated for his gunshot wound at a hospital and is expected to survive. He has since been released from medical care and taken to the Adult Detention Center, charged with intent to distribute a schedule I/II drug.