Attorney General Iver Stridiron has cleared police officer Dennis Vanterpool of any wrongdoing in the shooting death of Territorial Court Marshal Randy Stephens on Feb. 16, 1998.
The ruling should pave the way for Vanterpool to receive psychological counseling before being reinstated to his position with the VIPD. He had been on administrative leave pending the outcome of the Justice Department review of the homicide case.
Stephens was fatally shot by Vanterpool, who was off duty at the time, in what Stridiron described at a news conference Thursday as "friendly fire." The attorney general said his decision not to prosecute was based on a review of witness statements, a videotaped statement by Vanterpool, medical and autopsy reports on Stephens, FBI records on the weapons involved, his own visits to the scene of the incident and applicable V.I. law.
His investigation determined that Vanterpool "conducted himself in a prudent manner, given the emergency situation," Stridiron wrote in his 13-page decision. The policeman acted in a manner "consistent with his duty to protect the lives of the people of the Virgin Islands and his own life. In doing so, he mistook Marshal Stephens [for] a person committing a serious felony, the apparent shooting at another person."
Stephens and at least three other Territorial Court marshals were in the Contant area near the former Hustler Body Shop pursuing a fugitive, Marvin Smith, Stridiron's report states. Witnesses "appear to confirm that Stephens ran into the yard after Smith while discharging his weapon," the report says. As Smith fled south, the marshals pursued, at times firing their weapons at him.
Stridiron's report states that Vanterpool, who happened to be nearby, upon hearing the gunfire, escorted at least one person into a nearby grocery, told the owner to call 911, then told people in the immediate area to remain inside. Several witnesses said he then exited the store with his gun in one hand and his police badge in the other and yelled to the shooting parties, "Halt, Police!"
Vanterpool told investigators he saw a "rasta" male — actually Stephens in disguise — shoot into the yard of an unoccupied building and then attempt, gun in hand, to scale a wall and fence. Stridiron's report said it is possible Stephens heard Vanterpool's order to stop but may have thought the policeman was another marshal yelling at Smith. As Stephens continued to shoot at Smith, Vanterpool fired, hitting Stephens.
Stephens was taken to the Roy L. Schneider Hospital, where he died in surgery a few hours later.
The attorney general said he concluded that "Vanterpool acted as one would expect a police officer to act in the face of what he reasonably believed was an obvious life-threatening situation, or at least a situation in which a serious felony was occurring."
Vanterpool was quoted by the V.I. Daily News as saying Stridiron's decision was "a relief to me and my family." Expressing sympathy to Stephens' family, he added the hope that "nothing like this ever happens again."
