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Lesley Paul Scott Stewart, 26
Portland, Oregon
August 20, 2007

Last updated: 11 months ago

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The actions of a Portland police officer who shot at an unarmed Southeast Portland man last week won't be reviewed by a grand jury for criminal wrongdoing.

The Multnomah County district attorney's office has decided not to forward the case to grand jury because it's not clear if Lesley Paul Scott Stewart was even struck by Officer Stephanie Rabey's bullet. Deputy district attorney Traci Anderson said her office typically doesn't ask a grand jury to review officer-involved shootings if no one was injured.

Police said Stewart received a superficial wound to the head from the bullet or from flying glass or metal from a window Rabey shot through, but they probably will never know which it was.

Spokesman Sgt. Brian Schmautz said police will publicly release reports from the incident, including interviews with Rabey and other witnesses, within 30 days of the Aug. 20 shooting. The Police Bureau also will conduct an internal review of Rabey's actions. That could take a year, Schmautz said.

Rabey was the only officer of at least 20 on the scene to shoot at the 26-year-old man. Officers are allowed to use deadly force if they "reasonably believe" their lives or the lives of others are in immediate danger.

Stewart's girlfriend called police to the apartment she shared with Stewart in the 12500 block of Southeast Stark because she said Stewart had threatened to kill her. Police were told that Stewart owned a gun that might be in the trunk of his car, and that Stewart had an attempted murder conviction in 1999.

Stewart refused police orders to come out of the apartment and appeared to reach toward a cabinet or closet shortly before the shooting, Schmautz said. Police did not find any weapons in Stewart's apartment during a search after the shooting.

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May 2012 City of Portland outside audit of seven death by policeĀ  cases.