(Ken Silva, Headline USA) The watchdog organization Accountability FBI has filed a lawsuit for records about an FBI agent who was accused of shooting and killing a neighbor last year in Stafford County, Virginia.
The agent in question, Benjamin Spinale, pleaded no contest last year to two misdemeanor counts of pointing/brandishing a firearm—but he wasn’t charged for killing the neighbor. Spinale’s punishment was reportedly that he now can’t have a personal firearm. But he’s still allowed to have one for work, and the FBI hasn’t responded to NBC Washington’s inquiries about whether he’s still working for the bureau.
Following his sentencing last October, Accountability FBI filed a Freedom of Information Act request for records disciplinary or administrative action taken against Spinale—including investigative files, Office of Professional Responsibility records, and any records of other administrative action taken against him.
The FBI responded to Accountability FBI’s request last November, saying it could neither confirm nor deny the existence of such records. Accountability FBI, which is run by former agent-turned-whistleblower Michael Zummer, appealed the denial in January, and then filed a lawsuit Thursday after receiving no further responses from the Justice Department.
The DOJ has yet to respond to the lawsuit.
A watchdog organization called Accountability FBI has filed a lawsuit for records on this incident.
Accountability FBI is ran by a former agent-turned-whistleblower named Michael Zummer https://t.co/ouY6Snj4fL pic.twitter.com/mmQ7h77BHy— Ken Silva (@JD_Cashless) July 24, 2026
The alleged shooting occurred on Feb. 28, 2025, when Spinale reportedly pulled his gun on a young man named Nico Vazquez, who was riding his dirt bike down the street in his neighborhood.
When Vazquez told his father what had happened, they returned to the area to obtain the name of the street, so they could report Spinale to the local police. But while they were doing so, they were pulled over by a Stafford County deputy. According to NBC Washington, Spinale, who was off duty and in plain clothes at the time, escalated the situation by drawing his weapon and pointing it at the Vazquezes.
That’s when a local Good Samaritan named Jason Chamberlain became involved. Deputies reportedly called Chamberlain a hero for helping them. But for reasons that are still unclear, Spinale wound up shooting and killing him, according to NBC Washington.
According to NBC Washington, the incident with the Vazquezes wasn’t the first time the FBI agent brandished a firearm.
“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,” NBC previously reported.
“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 yet another incident, Spinale allegedly pulled his gun on three teenagers driving down the road.
Additionally, according to court records, Spinale was involved in investigating protestors from the Jan. 6, 2021, Capitol Hill uprising. His name is on the arrest warrant affidavit for Jan. 6er Kyle Fitzsimons, who was sentenced in July 2023 to 87 months in prison for assaulting law enforcement officers and committing several misdemeanors.
Ken Silva is the editor of Headline USA. Follow him at x.com/jd_cashless.
