Officer Who Shot Teen at IHOP Not Charged

Outside the Alexandria courthouse, Commonwealth's Attorney S. Randolph Sengel tells reporters about his conclusion. (By Lucian Perkins -- The Washington Post)

"Under such circumstances, he, as any citizen would be, was legally entitled to defend himself," Sengel said in the report. "We agree that he was facing a life-or-death situation," he said at the news conference, adding that the three-month investigation was "one of the most difficult cases I've ever had to resolve."

Using a 1995 Jeep Cherokee and photographs of the damage to the SUV and other parked vehicles, a team of officers from Alexandria and Fairfax County reconstructed the accident scene. They determined that the Jeep was driving about 25 mph at the moment of impact, based upon the angles at which the other vehicles were hit, although it could have been going faster. Ballistics tests showed that the Jeep was less than 50 feet from Stowe when he began firing.

The third, and fatal, shot was fired after the SUV had swerved and was no longer bearing down on him. But, the report said, the "forensic evidence of the case and scientific studies of human reaction time establish that Stowe could not reasonably have been expected to have reacted differently and stopped firing before he fired the fatal shot."

Stowe, who has been on administrative leave, has not commented. But Sengel's report offers insight into the reactions and thoughts of the officer, who has 13 years' experience.

As an officer stationed regularly at the pancake house for off-duty shifts, Stowe was accustomed to teenagers ditching their bills. It was the second time it had happened that night. On every occasion, he would signal people to stop in the parking lot, and they usually would, Stowe told detectives.

As he moved toward the Jeep, he said he heard the engine speed up and the tires spin. He threw his right hand into the air, signaling the Jeep to stop, but the driver wouldn't slow down, he said, and so he drew his weapon and fired.

"The front of the vehicle kept turning and coming toward me, and it wasn't slowing down," Stowe said. "It was apparent he was just trying to run me over. He wasn't slowing down. He kept turning in the direction I was moving."

Stowe tried to get away, he said, but bumped up against the trunk of a car. In a one-hand grip, he fired, he said. The entire incident lasted about three seconds, with half the time spent shooting, the report said.

Stephen J. Smith, 19, was behind the wheel. As he drove toward Stowe, the five friends reacted in assorted ways. Several said they covered their heads and braced for a crash. One, Breklyn Paulitzky, described Smith's driving as "swerving all over the place."

Paulitzky, who was seated in the backseat, said she saw Stowe standing before them and shouted, "Oh my God, you are going to kill this cop, stop!"

Later, she told investigators, "I was thinking it, I don't know if I said it out loud."

Smith, who Sengel said will not be charged in the shooting incident, was charged with marijuana possession and underage possession of alcohol. He pleaded guilty Monday and was sentenced to six months' probation and 75 hours of community service. Smith left the IHOP first and was inside the Jeep warming it up, he told police. His friends hopped in and told him to "go, go, go" because the bill hadn't been paid. He gunned the engine and sped away, he said.