A Florida man is facing charges of First Degree Murder after police in Orlando tried to shoot him but killed an innocent bystander instead.
Last week, officers were called to Vixen Bar to respond to reports that 23-year-old Kody Roach had discharged a weapon at the club.
According to an affidavit obtained by the Orlando Sentinel, a Taser was used on Roach when he was observed “pointing his right hand at the officers.” But the Taser failed to shock Roach because of his loose clothing.
And then, officers asserted, Roach reached inside of his waistband.
“In order to prevent an armed individual from causing harm to any members of the public or to any of the surrounding officers, Ofc. Sanguino discharges his firearm nine times striking Roach at least five times,” the affidavit said.
Officers later determined that Roach was holding an unloaded .40 caliber Ruger handgun.
During the commotion, a bullet from Officer Eduardo Sanguino’s gun struck 22-year-old innocent bystander Maria Fernanda Godinez. Another stray bullet hit one of the officers in the leg.
Godinez was later pronounced dead at a nearby hospital.
Officers Sanguino and Jeff Angel were placed on administrative leave while the department investigated the shootings.
Roach was charged this week with first-degree felony murder for the death of Godinez, even though he did not pull the trigger of the gun that killed her.
“As a result of Roach’s actions, an individual was killed therefore probable cause exist to further charge Roach with first degree felony murder,” the affidavit concluded.
Listen to audio of the 911 call below from The Orlando Sentinel.