Loudoun's Commonwealth's Attorney has found that the actions taken by a Sheriff's deputy in the March shooting death of an armed man were justified.
In a letter to Sheriff Steve Simpson, Commonwealth's Attorney James Plowman wrote that "while it is unfortunate any time we have a loss of life in the course of our public safety duties, it is my determination that the actions taken by Deputy Travis Westgate and the use of deadly force employed by him were justified given all surrounding factors."
According to the investigation findings, on the afternoon of March 18, John Edward Howard, 47, walked out the rear door of a residence on Graves Lane in Ashburn carrying a long firearm. It was determined based on statements by deputies and an independent witness at the scene that a deputy had verbally commanded Howard to drop the weapon several times. Howard fired at least two rounds and was again ordered to drop his weapon. Howard then began to turn towards the deputy raising the weapon. At that time Westgate discharged one round from his county-issued patrol rifle. The victim was struck in the torso and was taken to Loudoun Hospital where he was pronounced dead a short time later.
PlowmanÕs letter also stated that the physical observations/findings made by the Office of the Medical Examiner confirmed Westgate's account.
Deputies had responded to the home in the 43500 block of Graves Lane in Ashburn shortly before 1:30 p.m. for a domestic dispute. The victim's girlfriend had contacted authorities from another location and was no longer in the residence upon their arrival.
As deputies attempted to contact the man, a roommate exited the home and said Howard was inside and had a firearm. Deputies would eventually contact Howard by telephone and talk to him for a period of time during which he said he would come outside.
Westgate is a seven-year veteran of law enforcement and
five-year member of the Sheriff's Office. He was placed on routine administrative leave pending the outcome of the investigation and was expected to return to his patrol duties last week.