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[Malyse]

This ride never ends.

The man who police were trying to shoot when they killed an innocent bystander is now charged with her murder.

Police responded to Vixen Bar in Orlando, Florida, on Aug. 19 after a 911 caller told them a "gun wielding maniac" was in the establishment, the Orlando Sentinel reports.

Kody Roach, 23, ignored officers' commands to get on the ground, according to a police report obtained by the Sentinel.

Officers attempted to use a Tazer on Roach, but it was ineffective because of his baggy clothes, the report said. Roach then allegedly reached into his waistband, promoting police to fire, according to the report.

"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 report said.

Police said Roach had an unloaded handgun when he was fired upon. He was taken to a hospital and survived his injuries.

Amid the exchange of gunfire, one of the bullets fired by Orlando police officer Eduardo Sanguino hit and killed 22-year-old Fernanda Godinez, WESH reports.

Sanguino has been placed on paid leave pending an investigation of the shooting.

Now, police say Roach is responsible for Godinez's death, and they've charged him with first-degree felony murder.

"As a result of Roach's criminal actions, Ofc. Sanguino had no choice but to use deadly force in stopping the threat posed to the public and fellow officers by Roach. As a result of Roach's actions, an individual was killed, therefore probable cause exist to further charge Roach with first degree felony murder," his arrest affidavit states, according to WESH.

WKMG reports that another OPD office, Lt. Frank Nunez, a 19 year veteran of the force, was also hit with a ricochet bullet to his shin.

He is recovering at home.

http://www.huffingtonpost.com/2014/08/28/cops-kill-woman-maria-godinez_n_5732032.html?cps=gravity

FIRST DEGREE FELONY MURDER. Cause that's fair.

Shoot at the search function nine times if old.

Spoiler

#notallcops

 

[Jeff Albertson]

How can that even stand? Surely not? Even for America that's crazy

 

[unholyrevenger72]

That's some Revolver Ocelot quality deflection right there.

 

[Kickz]

 

[Ghazi]

uhhhh what

 

[B-Dubs]

Somehow I knew this would be Florida just by reading the thread title.

 

[Zoe]

How can that even stand? Surely not? Even for America that's crazy

http://en.wikipedia.org/wiki/Felony_murder_rule

 

[Guevara]

"at least five times" people.

 

[phillipgessert]

I believe that in most states, if someone dies as a result of you committing a crime, you can be charged with murder.

 

[kirblar]

I don't really have a problem with this.

 

[TrumanBurbank]

This Kody Roach dude seems like a real scumbag.

 

[SigSig]

I believe that in most states, if someone dies as a result of you committing a crime, you can be charged with murder.

Did he commit a crime, though?

 

[Zoe]

"at least five times" people.

After a taser was ineffective.

 

[IchigoSharingan]

I don't really have a problem with this.

Same. Waiting for a good argument to potentially reconsider though.

 

[SlickShoesRUCrazy]

http://en.wikipedia.org/wiki/Felony_murder_rule

Bingo

 

[KHarvey16]

Uh, how is this a problem?

 

[Kettch]

"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 report said.

And a great job he did.

one of the bullets fired by Orlando police officer Eduardo Sanguino hit and killed 22-year-old Fernanda Godinez

Lt. Frank Nunez, a 19 year veteran of the force, was also hit with a ricochet bullet to his shin.

 

[Jenov]

I believe that in most states, if someone dies as a result of you committing a crime, you can be charged with murder.

This.

 

[tanod]

I don't really have a problem with this.

I agree.

Here's a hypothetical to show the logic: Police involved in high speed chase with criminal. Criminal swerves towards pursuing police car. Police car subsequently looses control and hits someone.

 

[SigSig]

Same. Waiting for a good argument to potentially reconsider though.

His crime is ignoring a police officer and "reaching into his waistband".
Surely enough reason to open fire, disregard casualties and gun down two people.

 

[Who]

I think a cop shoots an unarmed citizen, regardless of the circumstances, should at the very least lose their badge and in most cases face criminal charges... Is that so irrational?

And a great job he did.

Jesus Christ.

Officer Farva is that you?

 

[Kinitari]

I mean... this is almost sensible unless I am missing something. The charge being first degree is the most ridiculous thing, second is probably the 9 shots by the officer but even that, I can't judge too harshly.

Correct me if I am wrong, but police arrived on scene because a man with a gun was acting erratically, they tried to subdue him by non-lethal means, and eventually he reached for his waistband where his gun (which was not loaded) was, and the officer opened fire.

The officer struck the dude, but also caused a death and an injury aside from that. Someone should get in trouble for those things, but if what happened is accurate, I can understand it being the suspect.

That being said, there could be details I am missing. While this isn't a great cop story or anything, It's not a wildly offensive one from where I am looking.

 

[Htown]

Felony murder is a pretty standard charge if somebody dies while a person is committing a felony.

A better question is if you're close enough to taze somebody, how do you miss 4 out of 9 shots? The fuck are you aiming at?

 

[Cbajd5]

Apparently it's already been dropped to second degree murder. Also specifies that he's charged with "resisting arrest with violence" which is a felony of the third degree in Florida. he was also charged with attempted armed burglary, but that charge was also dropped.

also here's a gif

 

[tokkun]

Situations like this are the reason the "felony murder" charge exists. The whole point is to apply it to people who are indirectly responsible for deaths by creating dangerous situations through the commission of a crime.

 

[Zoe]

A better question is if you're close enough to taze somebody, how do you miss 4 out of 9 shots? The fuck are you aiming at?

It's more likely they launched the charges rather than got up close.

 

[Hollycat]

If he was a legitimate danger, this sounds like it could be reasonable. If he was pulling up his baggy pants and was unarmed, or didn't move at all, that would be a different story.

Edit: first degree sounds a bit much though.

 

[Hero_of_the_Day]

Did he commit a crime, though?

This is what makes it an odd situation. What exactly was his crime outside of resisting arrest?

But, yeah. Generally the law absolutely makes of sense to me, though. If someone is hurt as a result of you committing a crime, even if you don't directly hurt them, you should still be held responsible.

If he was a legitimate danger, this sounds like it could be reasonable. If he was pulling up his baggy pants and was unarmed, or didn't move at all, that would be a different story.

He did have a gun (which is why the police were called there). I doubt he was reaching for it, since it was unloaded. But, who knows.

 

[kirblar]

His crime is ignoring a police officer and "reaching into his waistband".
Surely enough reason to open fire, disregard casualties and gun down two people.

This is an issue in the US because of the gun culture and laws. The general police reaction is rational/understandable because of this.

 

[KHarvey16]

His crime is ignoring a police officer and "reaching into his waistband".
Surely enough reason to open fire, disregard casualties and gun down two people.

Being fired at was not punishment for a crime. He was fired at because he was reported as waiving a gun in public and then he reached for it.

 

[Malyse]

http://en.wikipedia.org/wiki/Felony_murder_rule

Failure to comply isn't a felony.

 

[IncandescentPrecept]

All this killings because of sudden movements won't be a problem if guns were not allowed. Who's in charge of making those decisions?

 

[Mesoian]

How can that even stand? Surely not? Even for America that's crazy

It won't, and it's dumb.

Dude probably will catch a first degree manslaughter charge though. This is his fault and, from the description, the cops responded correctly.

Though again, they hit him 5 times, how many times did they fire?

 

[Kinitari]

I think a cop shoots an unarmed citizen, regardless of the circumstances, should at the very least lose their badge and in most cases face criminal charges... Is that so irrational?

Yeah... because context matters. The officer was put on administrative leave pending an investigation (which, as much as GAF hates it, is the right thing to do) and it seems understandable considering that a man acting erratically, ignoring orders and in possession of a gun would get shot in this sort of a standoff - that someone got hit in the crossfire is terrible, that there were even guns at all is terrible - but the officer seems to have acted as well as could be expected. It would be great if he was a crackshot and completely stonecold calm in that sort of a situation, but I don't know if it's enough to fire him over, and I don't think he deserves any criminal charges here.

 

[KHarvey16]

Failure to comply isn't a felony.

Is your argument that failure to comply is the crime he committed? Because that would be dumb for you to argue.

 

[ComputerMKII]

 

[Deleted member 20415]

All this killings because of sudden movements won't be a problem if guns were not allowed. Who's in charge of making those decisions?

 

[Mechazawa]

His crime is ignoring a police officer and "reaching into his waistband".
Surely enough reason to open fire, disregard casualties and gun down two people.

The police were responding to an uncooperative dude after getting reports that he was waving a gun around.

And he had a gun on him, albeit an unloaded one, that they thought he was reaching for.

 

[zeemumu]

Manslaughter, yeah, but probably not murder. He wasn't using her as a human shield.

 

[MidgarBlowedUp]

Being fired at was not punishment for a crime. He was fired at because he was reported as waiving a gun in public and then he reached for it.

so he had two guns
or
one was imaginary
or
he put it away when the police arrived then attempted to pull it out to fire at police with imaginary bullets.

 

[Malyse]

Is your argument that failure to comply is the crime he committed? Because that would be dumb for you to argue.

 

[Camp Lo]

Yeah, I saw this case on the news.. Fuck that guy. Drunk mother fucker got kicked out of the bar, got a gun and came back in.

OPD should go down for killing that girl though.

 

[noquarter]

His crime is ignoring a police officer and "reaching into his waistband".
Surely enough reason to open fire, disregard casualties and gun down two people.

They responded to a after a call stating there was a "gun wielding maniac" there. He then failed to follow police directions and went for something in his waistband.

I still feel they should have to wait to see if there was a weapon there and then respond. 9 shots also seems excessive, sounds like the cop was antsy. At the same time, I would probably be antsy as well.

It is said that an innocent bystander was killed, but in this case it doesn't seem like the cops weren't justified in using deadly force.

 

[Kinyou]

"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 report said.

Well, I guess they really stopped the guy from harming anyone. Too bad that no one stopped the officer.

 

[KHarvey16]

so he had two guns
or
one was imaginary
or
he put it away when the police arrived then attempted to pull it out to fire at police with imaginary bullets.

I don't understand.

http://i200.photobucket.com/albums/aa280/cashforcards/frewqf.jpg

This is in the running for the best argument you've yet to present.

 

[Pathos]

 

[YoungFa]

So what crime did Roach actually commit?

 

[Kibbles]

Manslaughter, yeah, but probably not murder. He wasn't using her as a human shield.

Wouldn't that apply to the cop seeing as he was the one who fired 5 times wildly? Not defending the criminal he should get whatever appropriate charges but the cop is the one who murdered that woman.

 

[MidgarBlowedUp]

I don't understand.

Can't wave a gun around if it's in your pants.
Can't shoot anyone with it if it's empty.

 

[Htown]

So what crime did Roach actually commit?

I would assume assault with a deadly weapon, since the 911 caller said there was a "gun-wielding maniac" in the bar.