NEW YORK -- A grand jury has voted not to file charges against Sean Sawyer, the off-duty police officer who fatally shot a man in an alleged road rage incident.

Sawyer fatally shot 25-year-old Jason Tirado on Oct. 7, 2007, after a verbal argument between the two men during a prolonged confrontation that began on the FDR Parkway. Sawyer claimed he thought Tirado had a gun when he fired two shots into the man's car, one of which killed Tirado.

Tirado was shot once in the torso and was pronounced dead at Harlem Hospital less than 30 minutes after the incident began.

Sawyer told police that he left the scene because he thought Tirado was armed and he was afraid of a gun battle. Sawyer said he turned himself in to police 19 hours after the incident took place after seeing a report on the news about Tirado's death.

Leaving the scene of a shooting is not a crime for police officers in New York, but it may be a violation of the NYPD policy. As a result, Sawyer will face administrative review and faces sanctions ranging from suspension to dismissal from the force.

"I'm sure that most people would be shocked to learn that it is not a crime for a police officer to leave the scene of a shooting without reporting it as soon as practicable," Manhattan District Attorney Robert Morgenthal said. "I share their outrage. But, that is the law. As a result of this case, we will be submitting legislation to change that."

The officer was off-duty and heading home after socializing with several companions at a bar in Woodside, Queens. At the same time, Tirado was driving his purple Honda Civic southbound on the FDR after meeting with friends and drinking in a park in Washington Heights.

A traffic accident caused traffic to slow down around 118th Street and the FDR Drive, and Tirado cut in front of Sawyer's car. After the cars were diverted off the FDR, the two men got into a verbal exchange that quickly escalated.

The grand jury heard testimony from 16 police, medical, and civilian witnesses.

Sawyer, who was assigned to the Queens Narcotics Bureau, is currently suspended with pay.