- The Washington Times - Tuesday, May 31, 2005

A 20-year-old Navy seaman was legally intoxicated the night that a deputy U.S. marshal fatally shot him in a busy Rockville mall last fall, a Maryland medical examiner testified yesterday.

An autopsy showed that the blood alcohol content in Seaman Ryan T. Stowers’ system was 0.21 percent to 0.22 percent, Dr. Theodore M. King Jr. testified. The legal blood alcohol limit is 0.08 percent.

?I would consider that Mr. Stowers was intoxicated at the time of his death,? Dr. King told the jury. ?The manner of death is homicide.?

Dr. King was the prosecution’s last witness in its case against Arthur Lloyd, who is charged with fatally shooting the sailor after the two men fought outside Mid-Pike Plaza on the night of Oct. 28.

If convicted, Mr. Lloyd, 54, could be sentenced to life plus 25 years in prison. Mr. Lloyd spent 28 years with the U.S. Marshals Service. He retired after the shooting.

Attorneys argued that the two men were involved in a traffic incident on Rockville Pike and that they turned into the plaza, got out of their cars and began fighting. Defense attorneys contend Mr. Lloyd shot Seaman Stowers in self-defense.

Dr. King told the jury that the 6-foot-2-inch, 177-pound sailor died after being shot in the upper body. Another bullet hit him in the right leg, Dr. King testified.

Defense attorney Barry Helfand focused his questions on a bullet’s path through the sailor’s upper body. The downward, left-to-right path described by the witness was contrary to prosecution testimony that indicated the last three bullets had been fired from behind the sailor’s Camaro as he drove away.

Terry Dorfman, a part-time bartender at a TGI Friday’s restaurant two blocks from the plaza, testified that earlier that night he had served four or five mixed drinks — Long Island iced tea — to Seaman Stowers.

The drink was served during happy hour from 4 to 7 p.m., said Mr. Dorfman, who testified for the defense. The sailor was alone and was ?acting like a normal guest.?

?I’m really good at matching up guys and what they’re drinking,? Mr. Dorfman told the jury. ?Whenever you have that many drinks, you have to keep your eyes on them.?

He said it is a rule of the restaurant not to serve drinks to intoxicated customers.

Attorneys have not presented any evidence that showed an encounter between the two men on Rockville Pike before the fight in the parking lot.

About a dozen prosecution witnesses testified that they had seen parts of the fight, which began after the sailor’s Camaro stopped behind Mr. Lloyd’s black sport utility vehicle in a main lane down the center of the plaza.

Yongmin Kim, 19, who had been exercising in a plaza shop, told the jury yesterday that he saw the two men fighting. Mr. Kim said he drove past the two vehicles and the two men and rolled down his window. He said he wasn’t concerned about the fight until he heard a gunshot. That was when he called 911.

Mr. Kim said he heard Seaman Stowers repeatedly say, ?I can’t believe you shot me.?

Seaman Stowers immediately called 911 on his cell phone and climbed into his Camaro. Mr. Kim said he heard Mr. Lloyd tell the sailor, ?Please get out of the car, sir,? and ?He said, ?Get off the phone.’?

The Camaro backed up about a foot and, with the screeching of tires, passed the SUV. Mr. Kim testified that Mr. Lloyd shot three more times and that he saw the rear window on the Camaro crack.

During cross-examination, Mr. Kim told prosecutors he never saw badges or uniforms that would have identified Mr. Lloyd as a law-enforcement agent.

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