Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am very sorry for your loss.
No, it should not be too late if the record exists. There are two ways to get the record.
The first one is the more established way, which is via legal discovery once one files suit against the police department for wrongful death. See HERE. Wrongful death statute of limitations in VA is two years per Va. Code § 8.01-244(B), so as long as the suit is filed in two years from the time of the incident, it would not be too late.
The second way is via the OPEN RECORDS request. See HERE. This may be done without a lawsuit and there is no technical time limit, although since the records maybe erased some time, it is better to do so this now rather than later. ALSO note that due to some restrictions, records that are part of an ongoing investigation may be exempt from the request. For this, one would need a special letter - let me know if you need a copy of such a letter.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.