The Orlando Police have charged Kody Roach with murder. He was wielding a gun when police shot him and in the process the police shot and killed Maria Godinez an innocent bystander, reported the Orlando Sentinel.
Godinez, was struck by a stray shot from Officer Eduardo Sanguino's gun, and was fatally injured in the gunfire.
According to a newly released affidavit, in front of police Roach went for his waistband with his right hand, the affidavit says:
"In order to prevent an armed individual from causing harm to any members of the public or to any of the surrounding officers, Ofc. (sic) Sanguino discharges his firearm nine times striking Roach at least five times," it states.
As he fell, Roach dropped a .40 caliber Ruger handgun from his right hand, the affidavit states. Investigators would later determine the gun was not loaded, but had been reported stolen, and Roach was the prime suspect.
The Florida Department of Law Enforcement is investigating the shooting. Sanguino and Angel are on administrative leave, as is common in police-involved shootings.
Roach now faces a charge of first-degree felony murder. When he fired, Sanguino had probable cause to believe Roach was committing attempted armed burglary and armed trespassing, investigators concluded.
"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 new arrest affidavit states.
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