By Sharyn L. Decker
Lewis County Sirens news reporter
CENTRALIA – The Centralia police officer who fired three shots at a stolen pickup truck after it ran into his patrol car during a pursuit in late July is back on regular duty after a review concluded his actions were within department policy.
Centralia Police Officer Michael Lowrey is shown as he fires at a pickup truck driving away after it struck Lowrey's patrol car.
Centralia Police Department Chief Bob Berg said this week he gave a letter to Officer Michael Lowrey in mid-August saying he concurred with the findings of a review panel.
In a nutshell, according to Berg: “The policy says a police officer has the right to defend themselves or others to apprehend someone committing a felony.”
Lowrey, an 11-year veteran of the department, had been put on modified duty after the incident on July 29 in a north Centralia residential neighborhood.
It happened after a 32-year-old man stole a 1999 Ford F350 from South Gold Street and was chased through town by police officers as well as a pair of men who witnessed the theft. A residential surveillance camera captured the moments on videotape and showed Lowrey’s patrol car facing north on Euclid Way as the truck came south on the same street.
The videotape shows the truck strike the front of the patrol car, back up and then move forward again as though to make a U-turn and strike the patrol car a second time. It shows Lowrey exit his vehicle and take aim with his handgun as the pickup drove away.
The police chief said on Thursday he doesn’t agree the truck was retreating.
“The guy tried to kill him, so he shot at him,” Berg said. “He thought he was gonna ram him again, or (ram) Officer Croy’s (nearby patrol car).”
Lowrey was on medical leave for five days for a minor injury to his head.
Joshua A. Fitchhorn, 32, of SeaTac, was sentenced to almost five years in prison in mid-September, admitting to attempting to elude, hit and run, vehicle theft and third-degree assault in a plea deal. The last charge was lowered from second-degree assault, according to the deputy prosecutor who handled Fitchhorn’s case, because it looked in the video tape as though the brakes on the truck locked up and Fitchhorn was trying not to hit the patrol car.
Berg said he doesn’t place much value on what a deputy prosecutor thinks happened.
The review board selected by the chief consisted of three command-level officers – two from an outside his agency. Washington State Patrol Lt. Ron Rupke, Chehalis Police Department Deputy Chief Randy Kaut and Centralia Police Department Cmdr. Dave Ross met on Aug. 17 to look over officers’ reports and department policies. They also interviewed the officers involved, according to Berg. Their conclusion, Berg read from their memo:
“It is the board’s view this use of force was justified and is within the Centralia Police Department’s policies and procedures.”
The chief’s letter to Lowrey on Aug. 19 released him from modified duty, noted he was required to get re-qualified at the shooting range and let him know counseling was available should he desire.
The firing of guns in the line of duty by Centralia police officers is relatively rare.
The last time a Centralia officer had shot at a suspect was in January during a robbery at the TwinStar Credit Union. Officer Neil Hoium wounded the suspect in that case.
Berg has said he could recall four such incidents in the past 30 years, including one fatal shooting of a robbery suspect in the 1970s.
While the suspect was not hit by a bullet in July’s shooting, he narrowly escaped being struck, according to the chief and others who have seen the damage from the two rounds Lowrey fired.
One traveled through the rear passenger window of the truck, through the passenger headrest and out the lower driver’s side of the windshield. The other bullet entered the driver’s side door just about at ear level.
Chief Berg on Thursday described a simultaneous inquiry that followed the July 29 shooting.
In early August, Berg sent an email to Lewis County Prosecutor Michael Golden requesting his opinion about any potential criminal charges against Lowrey, along with reports from Centralia police on the events.
The following day, Golden responded, according to Berg. The chief read the response aloud on Thursday; he hasn’t yet released any of the documents involved.
“From the information we got, the suspect intentionally rammed the patrol car,” Berg said Golden wrote.
Officer Lowrey would have a valid defense as to the use of force by a peace officer under state law, and the circumstances do not support any criminal charge, Golden concluded, according to the chief.
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Watch the uncut video posted by kirotv.com showing the truck striking the front of the patrol car and the officer getting out and firing at the truck.
Tags: By Sharyn L. Decker, news reporter