update on kid shot at ihop

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Who initiated the attack, who was the attacker?

Think about both sides of this for a moment - I know it's difficult, but for a moment let's get past the preconceptions we all have of either "the cop is always right" or the "cop is always wrong".

The bill was alleged to have not been paid.
Stowe, an Alexandria PD officer (in uniform?) was informed and gave chase.
His 1st approach was to step in front of the vehicle, order it to stop.

This particular IHOP parking lot is tight, not conducive to autocross speeds.

At some point after ordering the vehicle to stop, Stowe decided he would shoot.

As Longwatch pointed out, he managed to do this in a span of time that a full, underpowered mid size SUV was approaching, from a retention holster.

His shot(s) killed an innocent ( not proven guilty ) passenger.

Did the officer have his gun out when he made the command to stop?
A theory has been put forward by one of the survivors that they were trying to pass the buck for paying the bill, and merely forgot to do so. This is not to excuse the act of leaving without paying, just to make some posters *think* that it just hasn't been proven this was an intentional act.

If the officer's gun was out - felony stop for at best a minor misdemeanor, we have a whole new dynamic here. What if the driver thought the bill was paid? What would a reasonable person think in those circumstances? Flee?

Let's address the alcohol & drug issue. The driver is under 21, and the standard in VA for under 21 is ridiculously less than .08, trace amounts of alcohol from nyquil would show up. We have no proof here who the marijuana actually belonged to, do we?

Even if the driver was a stoner, and drunk to adult standards, neither of these substances has a reputation of enhancing reaction time, in fact, we're dealing with depressants/mild hallucinagenic.

What I find difficult to understand here - The commonwealths atty. (Stengel) found this a justified shooting, but the PD found that Stowe escalated the level of force by both stepping in front of the vehicle and then claiming lethal force justification. Two arms of the same branch of gov't disagree here on the findings, but both agree it's not criminal? If the PD found that the force was escalated by Stowe, then doesn't that invalidate the Commonwealth's Attorney's findings? Shouldn't this now be put to a grand jury?

There's no question that a car, truck or suv bearing down on you intentionally is lethal force or grave bodily harm. But you can't claim self defense against a closing vehicle while you're crossing the street in a crosswalk if the vehicle is coming to a stop...

There's no bright line standard for person/vehicle encounters and the totality of the circumstance must be accounted for.

IMO, neither the driver, nor Stowe are blameless here, and it should be worthy of investigation of both of their actions.
 
Wot about me?

Lets say I step out legally into a cross walk. Truck in curb lane stops for me and I continue walking and the next lane I step into I find there's a police car and the cop/driver didn't pay attention to the stopped traffic at the crosswalk, not stopping, and about to run me down. So, I'm startled, pull my piece and then fire a couple of rounds at the front of the car. I forget trigger control and jerk the rounds a little to the left missing the officer/driver toward the center of the vehicle while stepping to the side. As the vehicle passes, I quickly fire three more rounds still missing the cop/driver but hitting and killing a civilian ride along.

So, I should also get a no bill from the grand jury, too?
 
sigh...

so much fantasy .... there were witnesses who testified thatthey heard the dimwits planning the dine and dash they sent the driver out nd then eased out 1 by 1 so they could pull it off and at least one of them admitted the intent.

fortunately for the cop 2 of his witnesses were a guy who he'd cuffed a few mins earlier in another confrontation and this same guys girlfriend. kudos to him for not holding a grudge and giving honest testimony to those folks who haven't had time to read whole thread and have a fantasy about how the cop was held to a different standard than a civilian. i'm truly sorry if thats the way it works where you olive, but here in va its not that way. in reallity if he was a civilian it woulda been over after the initial investigation cleared him.as a cop he got the bonus of a second investigation and then was punished for breaking a rule that wasn't in effect at the time of the shooting.
as an example we had a guy shoot 2 kill one at waffle house he was only detained a few hours and never charged, this in spite of the fact that he initially fled and there were never any weapons involved in the assault on him. just a 5 on 2 beating where he was able to make it to his car retrieve a weapon and shoot 2 as they charged him . the 3 guys still standing lost their fighting spirit. i know this reallity spoils the ranting fantasys, but i am a killjoy like that
 
otherguy

read the drivers own testimony as he decribes going from left to right he used the words "like in a dance"
it helps ruin the fantasys about how all he hada do was step outa the way.
 
no other guy

you go to jail, the guard/cop was on duty, you don't get to kill reckless drivers...it is tempting though.:evil:
 
as an example we had a guy shoot 2 kill one at waffle house he was only detained a few hours and never charged, this in spite of the fact that he initially fled and there were never any weapons involved in the assault on him. just a 5 on 2 beating where he was able to make it to his car retrieve a weapon and shoot 2 as they charged him . the 3 guys still standing lost their fighting spirit. i know this reallity spoils the ranting fantasys, but i am a killjoy like that
What bearing does this example have to do with this thread? Your description does not involve a motor vehicle and appears to be a justified shooting on the surface of it. Threat of serious bodily injury is justification for lethal force at least in Texas. :)
 
Mech, he apparently equates being beaten by 5 people to...jumping in front of a car. I guess as far as bodily harm possible goes that would be about equal (both could kill) but in his example, the guy even tried to run away and was obviously defending himself from an attack that was aimed and continued against him as he fled. In the current example, the person decided to place themselves in front of the vehicle, then shot to defend themselves.

Using this kind of logic would mean i should be able to jump in front of cars and start shooting the occupants when i'm suddenly feeling threatened by the vehicle barrelling down on me... and hey, if i shoot the guy in the back seat; he was in the car that was going to kill me because i jumped in front of it; he had it coming right? Deliberately putting yourself in a position of danger so you can then employ deadly force on a couple of stoned kids (oh no! marijuana!!! CRIMINALS :rolleyes: ...say all the folks sitting with their alcoholic beverages which are of course not nearly as horrifically damaging as...marijuana) who are dipping out on 26$ of food is not something that most rational people would decide to do. Legal vs. Moral comes to a deadlock once again. The reason the officer got punished is because what he did was morally reprehensible but technically acceptable according to their previous policy, apparently. Some of you may disagree and believe that this kid, riding in a car with 2 friends deserved to die over a 26$ tab, but i will just have to agree to disagree with you guys.
 
He didn't shoot "over stealing pancakes." He shot when the vehicle accelerated in his direction.

And the retracted statements bring to mind the old saw about closing the barn door after the horse escapes. IOW, it's too late.

Agree

The 26 dollar theft has nothing to do with the shoot. The driver made the decision to not stop and run over the cop. Too bad it was a real bad decision.

Stepping in front of the car IS a normal response to stop it. Again the driver made the choice to escalate to assault with a deadly weapon. The driver should be charged with the death of his passenger who was killed as HE got him Killed!!!!!

Making up new rules after the shooting by the dept is their way of hoping to lower the amounts of a civil suit.
 
This is a pretty routine strategy used by police in many places. They put themselves in a position in front of or slightly to the side but in front of a vehicle, order it to stop, and justify deadly force if the driver does not follow instructions. They are and never were defending thier life, but because they can twist it to say a 'deadly weapon', the car, was being used to assault them they can back up thier order to stop with lead if the driver does not comply.

They cannot order the vehicle to stop and then shoot at it as it flees, so they position themselves to shoot at it as it passes by 'assaulting' them with the deadly car. The criminals were trying to flee, the cop is not about to let them get away, so cop opens himself up a new option.

Whether done with thier body or with a car this is a very commonly employed strategy by officers to demand compliance and have the option to shoot if they are not obeyed.
This is done a lot when they box someone in with thier cars and the person attempts to drive or put it in reverse to leave. They justify deadly force because the car with only a couple feet to build any momentum starts moving at 5mph within 180 degrees of thier direction.
 
Smurfslayer, the DA from Northern VA hasn't charged a cop for any kind of murder in his 30+ year stay...just so you know.
 
There are alot of replys from some of you that make me want to lose my dinner. I dont have any children, let me make that clear....but i'm guessing there are alot of you on here that do.
It seems so easy for many of you to convict those kids and be ok with the "murder" of the one boy for a $26 food tab. Would you feel the same way if it was your dead son since what the Wash Post told you was all the evidence that the police had? Would you not be asking questions on why this was justifiable?

I live 20 mins south of Alexandria on the MD side of the WW bridge. I know that IHOP very well. The parking lot is TINY. The kids are doing a dine and dash, they speed out (as fast as you can I guess in 40 yrds) and turn thru the hotel parking lot to get out onto the main road. Remember the original article? The parking lot is shared with a Motel 6 or something. Still, its smaller than most McD's parking lots. Anyone familar with Alexandria, VA can testify that parking is very valuable in NOVA.

Anyway, so the cop gets told what happened and runs out the door, with gun drawn. Why was he already prepared to shoot some kids over a $26 food bill. His testimony said that he had a split second decision to decide to shoot at the Jeep....he was already drawn and ready. Why is that? He said he ran across the parking lot to get in front of them. Why would you get in front of a moving vehicle, and risk getting run over for a 4 person food bill of $26 at IHOP???
Why has no one asked.....If when the cop jumped in front of the Jeep and yelled stop....he almost immediately had to start shooting. If only that little bit of time was available.....could the driver have stopped in time? Could he have swerved? They said he was under the influence, how were his reaction times? Is there any way in hell that this boy could have avoided being shot at?
I dont think there is. That cop ran out the door and drew his weapon preparing to fire for a $26 dine and dash.
I am sooooo not condoning theft, or not stopping when a PO tells me to. But seriously, if you had time to think about shooting....you also had time to think about diving out of the way back from the way you came running right???

Here is my example after all that chatter I just put up.
How many of us here have seen Cops? Or seen the "worlds scariest police chases" caught on video?? Id say most of us have right? Well, I have seen my share of these shows and I would guess if they have 10 different scenes, 7 of them are high speed chases. These are real criminals, guys running from crime scenes, bank robbers, DWI'ers, etc etc.

I have probably seen 100 of those chases on TV. Guess what though, I can't remember ONE time that cops shot at the cars. Usually the guy spins out after a 20 mile chase. 2) the PO uses the pitt manuver. 3) other backup PO's use tack strips to flatten all the tires.

Is it just that all these PO's know their dash cam is going to be on TV one day and they are told to make it exciting?? Why didnt they shoot OJ and his buddy instead of following them all that way down PCH?? Why didnt they just shoot all these high speed chasee's. Since they were on Cops and the like, I would venture a guess that they did more than run out on a $26 IHOP bill.

I'm sorry, but this is/was just another example of an overzelous cop. Stowe should be fired from the PD, have his rights to own firearms take away forever, and serve jail time for manslaughter. I know I said murder earlier, but it would be difficult to convict him on that.
That cops life was NOT in danger until he put himself there. Its not justifiable to put your life in danger over a $26 dine & dash. Nor is it justifiable to have your weapon drawn prepared to use deadly force for the situation at hand.

I for one, am tired of cops being above the law.

Flame away!

Andy

Here is the story that made the cops name public. Be sure to read the second paragraph carefully

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/27/AR2006022701515.html
 
This is a pretty routine strategy used by police in many places. They put themselves in a position in front of or slightly to the side but in front of a vehicle, order it to stop, and justify deadly force if the driver does not follow instructions. They are and never were defending thier life, but because they can twist it to say a 'deadly weapon', the car, was being used to assault them they can back up thier order to stop with lead if the driver does not comply.

They cannot order the vehicle to stop and then shoot at it as it flees, so they position themselves to shoot at it as it passes by 'assaulting' them with the deadly car. The criminals were trying to flee, the cop is not about to let them get away, so cop opens himself up a new option.

Whether done with thier body or with a car this is a very commonly employed strategy by officers to demand compliance and have the option to shoot if they are not obeyed.
This is done a lot when they box someone in with thier cars and the person attempts to drive or put it in reverse to leave. They justify deadly force because the car with only a couple feet to build any momentum starts moving at 5mph within 180 degrees of thier direction.

There has been quite a few similar incidents in Milwaukee over the last few years, with no officers getting anything more than a reprimand AFAIK. One of the victims was even shot in the back- the bullet went through the seat and into the man, killing him.:scrutiny:
 
hmmm

"Mech, he apparently equates being beaten by 5 people to...jumping in front of a car. I guess as far as bodily harm possible goes that would be about equal (both could kill) but in his example, the guy even tried to run away and was obviously defending himself from an attack that was aimed and continued against him as he fled. In the current example, the person decided to place themselves in front of the vehicle, then shot to defend themselves"

no what i was relating was that despite the fantasy that the cop got off light he actually got an extra level of investigation after the first one clleared him sorry i didn't make that clear.



oh and va rifleman?" you do know that this is a different commonwealth attorney than horan right?
 
haole boy

tis is the first time i ever heard some one claim that hte cop ran out the door gun drawn. not even the kids who mgot shot at or their attorneys have claimed this. can you substantiate your claim?

according to the driver of the car the cop was out in lot when they came around the corner and he says that he swerved from right to lefy back and forth as he accelerated towards the cop, the reconstruction says car was doing 25 when it hit the parked car. the kids story indicates that the cop was moving"like in a dance" as he swerved.
 
If the impact was indeed 25 mph, then the vehicle would've covered the entire parking lot in 3.5 seconds ... +/- .2 -- from end to end. They weren't travelling from end to end, they were leaving to get onto Duke Street. That distance was maybe 30 yards ? Stengel's report would shed some light on this, but In any event, if you accept the collision speed as fact then you must call into question both Stowes and the driver's account. Stowe would've had literally less time to draw and engage than physically possible given his description. OTOH, the so called "dance" could not have happened as described in that fashion with that short of a distance involved.

I'm not familiar enough with commonweath's atty. Stengal, but the previous poster was referring to Robert Horan Jr. - the Fairfax C.A. - he's personally excused 2 murders that we know of and never prosecuted any law enforcement officer for any infraction in his entire career.

Here is the Commonwealth's atty's predetermined outcome report on the incident. There's probably more fact in this thread than in this report, but this is what they've come up with to help shield the city from liability.

http://www.ci.alexandria.va.us/cattorney/stowe.pdf
 
I have probably seen 100 of those chases on TV. Guess what though, I can't remember ONE time that cops shot at the cars. Usually the guy spins out after a 20 mile chase. 2) the PO uses the pitt manuver. 3) other backup PO's use tack strips to flatten all the tires.

I have. I taught a few driver ed courses at a police pursuit training site way back in the last century. One day during idle time I discovered some video tapes. Hint: These weren't the type to be released to the public. With the limited time I had to check them out I found one (there were a bunch of tapes). Police were chasing some bank robbers on I 694 around the north side of the Twin Cities. There was a lot of traffic but still moving 40-50 mph. Robbers were in number 1 lane (far left) chasing squad car was behind them (video shot from yet another following car). Chase car had one cop driving and one well out the passenger window almost sitting on the window sill. Cop two was shooting at the robber's tires. If he would have hit one and spun the robbers car it could have spun left into a grassy median with no barrier... This was in the mid 1980s and sure didn't look like any kind of production video.

There were some other chase videos that could well be considered cop snuff films.
 
I've been reading the above account from Stengel.

Stowe indicates that the vehicle was coming straight at him, but the shots were from an angle. 3 of the shots were questionable, shots 5 & 6 were "origin rear" meaning that the vehicle was passed and 'in flight'. The mean distance involved seems to have settled at 40 yards total. At the distance of 40 yards, and accepting the findings of the accident team, the vehicle would've covered that distance in 3 - 3.8 seconds or, not enough time for Stowe to have done what he said he did - order the vehicle to stop, move with it to stop it, then hastily try to get out of the way, draw from a hands up position and fire 6 shots.

both Stowe and the driver assert that there was evasive movement, but how much evasive movement could've occurred in 3 to 3.8 seconds?

Most of the vehicle witnesses indicate that the firing commenced as they round the corner, which is more likely given the physical evidence, not as Stengel suggests IF Stowe was telling the truth about trying to stop the vehicle in the fashion he did.

Again, I think the questions are who was the aggressor here, and who actually escalated the force to the level of lethal force. Given the amount of time, accepting the "conservative estimates of impact speed" of 24 + mph in the maximum 40 yards the accounting seems pretty suspicious. I think that a possible scenario is that as the vehicle rounded the corner Stowe drew his weapon and ordered the vehicle to stop. Seeing this, the driver tries to evade, the officer again steps into the path, and fires the 2-3 frontal shots. Knowing he's being fired on the driver swerves the same way the officer decides to evade, and the officer continues to fire 3 more shots. One of which is with the vehicle apparenly perpendicular to him and two are with the vehicle in flight. If he was evading how was stowe able to score the last 3 hits, including the fatal shot while moving away, shooting one handed as he recounts? This wasn't evading like "shooting in the move in a class", and by accounts he wasn't "spraying and praying", he was taking front sight focused, aimed shots. Shots 5 & 6 were at a fleeing vehicle and as Stengel cites case law in his findings, the law of self defense is an imminent threat in VA. Fleeing does not produce a threat and shots 5 and 6 are not covered under self defense with any reasonable reading of the total of the accounts in Stengel's report. Stengel does indeed go "to great lengths" to excuse the conduct of law enforcement contrary to what he says since most of the passengers indicate he(stowe) began firing as they rounded the turn with a 2 handed grip. Stowe asserts he fired one handed. Even though Stowe's account is relatively unchanged from both interviews, there are consistencies in the witnesses stories, but they're not totally consistent.

Further, if you accept Stengel's citations of "the law of self defense" as he puts it, 'that any citizen' would have been justified, that is just plain false.

Stowe initiated the confrontation by interceding in front of the vehicle as his dept. indicated. So far, ok, but then apparently did so again when the vehicle tried to avoid him. This prevents the defense of justifiable homicide in VA because he was "a participant in the events that lead up to the killing", leaving only excusable homicide. A homicide is excusable when after being a a participant in the escalating conflict, the killer retreats, and after expressing his desire for peace, is still under an imminent threat of death or great bodily harm and must kill their opponent.

A previous poster hypothesized the "crosswalk scenario" and his points are valid. There is enough evidence here to indict and it should be put in front of a Jury so that the citizens of the city decide whether or not this killing was excusable.

Lost in all of this is that Stowe killed a passenger in the vehicle, not the driver. Stengel's report indicated that he had just gotten through with another encounter in which he falsely accused a party of not paying, and when one of the party cursed at him, he had backup called and detain them. Why didn't he call for backup here?
 
As a final comment on what I've read from the several accounts of the story, IF I were to sit on Stowe's jury I could not convict him on **just** these observations. That is not to say I would find him guilty or not guilty, just that while I question his story, and honesty, I still haven't met my threshold for reasonable doubt. However, as Stengel indicates, that's not the standard for an indictment.
 
tis is the first time i ever heard some one claim that the cop ran out the door gun drawn. not even the kids who mgot shot at or their attorneys have claimed this. can you substantiate your claim?
C-Daddy...No, I can't substantiate this claim. I am just guessing. But my point still stands. Given the amount of time (from the witness accounts) that the officer had before opening fire....I guessed that he already had his weapon drawn as he ran across the lot. If not, considering the amount of time it would take to stop and get a good footing, draw, take aim, and fire, well.....then he had more than enough time to jump out of the way.

I forgot to add....this was 2-3 in the AM right? The PO was running to cut off the Jeep. The Jeep was turning into the other DARK side of the parking lot. How close were they before the "person" was in full view and they realized it was a PO? Darkness, headlights, and turns on the roadway. Any questions?

How anyone on this forum can honestly sit there and say that this officer was justified is beyond me. As I said before, it makes me sick to my stomach.:barf: :confused:

Quote from the Alexandria Police Dept Policy concerning shooting at a moving vehicle.
Alexandria police officers are allowed to shoot at a moving vehicle if they feel their lives are in danger and no bystanders are at risk -- but only if they have exhausted all other means of defense, including moving from the vehicle's path, according to the department's use-of-force policy.

So according to their policy....this PO broke all the rules of the criteria. 1) He put himself in danger, he was not forced in front of that Jeep. 2) The driver could have forced the other 3 into the car to make the dine and dash getaway, yet he still opened fire on what he should have considered "innocent bystanders" and 3) he did not attempt to move from the vehicles path. He ran in front of them. he wasn't trapped or cornered. If he ran to them, he had the path to run back out of the way.

C-daddy....you didnt reply to my example about "cops" and "worlds deadliest police chases"....Why are they not open fired on? Why are pursuits, pitts and tack strips used? Why not just grab the AR and 870 out of the trunk and light em up??

Disgusted :banghead:

Andy
 
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Otherguy
I should also get a no bill from the grand jury, too?
If the cop was committing a crime, and ran you down rather than stop, then yes, you get a no bill.
If the Jeep driver simply didn't see the cop, then no, the shooting was unjustified.
Neither is true.
 
I've seen several videos where a driver was killed trying to run cops over. Sorry, but I've been both a driver and a pedestrian and my eyes tell me this excuse is a lie. It is possible but then they'd be scraping hamburger up more often if that were the case.

More likely the kid was surprised by what happened and simply had no time to react. There's about a 100% chance he had his music cranking and cars don't have ears. Ordering cars to stop makes about as much sense as shouting at search planes or helicopters. :rolleyes:
 
I think some of you folks are wrongly obsessing about pancakes. What he did or didn't do prior to trying to kill the cop is irrelevant. Who might try to run over a cop standing in front of their car...perhaps someone who has committed a much more serious crime and doesn't want to go to jail for it? In this case, it was likely just a spoiled kid who is used to running over people figuratively and literally. Wrong move this time I guess.
 
Smurf
both Stowe and the driver assert that there was evasive movement, but how much evasive movement could've occurred in 3 to 3.8 seconds?
The time is likely twice that much. The turn, if the diagrams are accurate, is about a 15-20 ft radius. That is pretty tight. A high-center-of-gravity Jeep, with 6 people aboard, probably could not take a curve like that at much over 5 mph or so, and it would still squeal the tires. He had to accelerate a lot to get up to 24 mph in 40 yds, but his AVERAGE speed would be little more than half that, and the total time, twice as long.

Stowe initiated the confrontation by interceding in front of the vehicle ...
So any traffic cop who holds up a hand is “initiating a confrontation?”
The driver initiated the confrontation when he accelerated towards the cop.


So far, ok, but then apparently did so again when the vehicle tried to avoid him.
The driver could have avoided him easily, by braking, like the rest of us do when someone appears in front of our vehicles. He chose, instead, to accelerate. That makes him the aggressor.
(And on what basis do you claim that Stowe was intentionally moving in front again? It is just as likely that he zigged in the same direction as the Jeep while trying to avoid the Jeep. Have you never “danced” in a narrow hall with someone coming the other way? Even the driver described it that way.)
 
Ryder
More likely the kid was surprised by what happened and simply had no time to react
He DID react; he accelerated, and swerved 2 or 3 times. And there was no surprise; one of the passengers described hearing and seeing the cop run out of the IHOP, telling them to stop.
 
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