Family of US Park Police officer killed in accidental shooting agrees to deal releasing suspect on bond

FAIRFAX COUNTY, Va. - The U.S. Park Police officer accused of killing his friend and co-worker in an accidental shooting over the weekend has been released on bond as part of a deal with the victim’s family.

According to the office of the Fairfax County Commonwealth’s Attorney, Alexander Roy was granted bond in his Wednesday morning hearing as part of an arrangement that was supported by the victim’s family.

"It was a very emotional hearing both families were in attendance and the victim’s family was visibly emotional," a spokesperson for the Attorney’s Office said.

Roy was released on a $10,000 personal recognizance bond Wednesday. He will be supervised and must adhere to the following conditions:

The defendant will live with his parents in Mifflinburg, PA
No alcohol
No firearms
No contact with the victim’s family
No further law violations

The Commonwealth’s Attorney’s office also says it is pursuing an Emergency Substantial Risk Order (ESRO) against Roy. Under Virginia’s Red Flag law, this order would allow law enforcement to temporarily confiscate any weapons in Roy's possession. That hearing is scheduled for Nov. 16.

Roy has been charged with unlawful discharge of a firearm in an occupied building resulting in injury after he killed 22-year-old officer Jesse Brown Hernandez.

Police say Roy accidentally shot Hernandez just after midnight on Nov. 5 when they were inside an apartment on Old Meadow Road with two others.

US park police officer accused of killing fellow officer in accidental shooting appears in court

A U.S. Park Police officer remains in a Fairfax County jail cell Monday, accused of killing a fellow officer in what police say was an accidental shooting Sunday.

Roy was handling the gun when he pointed it at Hernandez and went to "dry fire," thinking that the chamber was empty, according to police. But one bullet was inside, and it hit Hernandez in the upper body, killing him.

Police said alcohol was a factor in the deadly incident. Roy was taken into custody and held at the Fairfax County Jail to await his first court appearance Monday morning.

A Virginia defense attorney tells FOX 5 that the charge Roy faces is under a somewhat complicated statute in Virginia but if convicted, the penalty is the same as involuntary manslaughter.

Alan Colie, a DoorDash driver who shot 21-year-old YouTube prankster Tanner Cook at Dulles Town Center, faced the same charge back in April. He was denied bond following the shooting that his lawyer still argues was self-defense.

Colie was acquitted by a jury in Loudoun County of the most serious charges he faced — aggravated malicious wounding and use of a firearm during a felony — but was convicted on the lesser count of unlawful discharge of a firearm inside a building. He remains in jail pending sentencing.

FOX 5 spoke with two defense attorneys on Thursday who stressed that these cases are different. Prosecutors make decisions on a case-by-case basis.

Roy's next court date is not yet known. For now, he’s out of jail and headed to his family’s home in Pennsylvania where he must remain until his next appearance in front of a judge.