Officer Who Shot Teen at IHOP Not Charged

When asked why he thought Stowe fired the shots, Smith told police, "If he heard the engine or saw how fast I was coming . . . he might have thought his life was threatened."

In a later interview, Smith said he swerved to avoid the shots. He tried to go around the officer, he said, but Stowe moved in front of the SUV no matter which way it turned, as if the two "were doing a dance."

Other witnesses in the parking lot contradicted Smith's version, as did the physical evidence, the report said.

Andrew J. Kersey, Smith's attorney, said, "Obviously, my client's account certainly disagrees with several aspects of the commonwealth attorney's conclusions, the big one being where the first shots were fired."

"They definitely have differing versions," Kersey said of the stories told by the teenagers and the officer. "To be fair, this thing happened quickly. It seems like a situation no one had been in before. It's sort of a shocking event, and perceptions can be different."

The shooting, the first this year by an Alexandria officer, sparked outrage and questions over whether the department should revise its policy on firing at vehicles. Officers are allowed to shoot at a moving vehicle if they believe their lives are in danger and no bystanders are at risk -- but only if they have exhausted all other means of defense, including moving out of the vehicle's path.

The policy is similar to those in most Washington area police departments. But some big-city departments, including the District's, restrict the practice because of the risk to bystanders.

Through a spokesman, Police Chief Charles E. Samarra declined to comment on the report or on the department's policy until the internal review has been completed.

Releasing such an exhaustive report of a police investigation is rare. Sengel said he did so because "I think it's important that the public have the best opportunity to understand the basis for why these decisions are made."

Staff writer Tom Jackman contributed to this report.