Murder charge dropped against man involved in shooting at Vixen bar, prosecutors say

ORANGE COUNTY, Fla. — A murder charge has been dismissed against a man in connection with a shooting at Vixen nightclub in Orlando, prosecutors said.

Kody Roach pleaded no contest on Thursday to carrying a concealed firearm and, in exchange, prosecutors dismissed a second-degree murder charge, Channel 9's Mike Manzoni learned.

Prosecutors said they dropped the charge because they didn't have enough evidence. They would have had to prove Roach reached for a firearm, prosecutors said.

The shooting happened in August 2014 at the Vixen Bar in downtown Orlando, which has since closed.

Maria Godinez, 22, was killed by a stray bullet when Orlando police Officer Ed Sanguino fired at Roach, a bar patron, after people reported that he had a gun.

Roach was charged with murder in her death.

According to police, witnesses said Roach was in the bar only a short time before he started showing his unloaded gun to patrons.

Police said bar patrons were calling 911 fewer than 20 minutes later.

Roach was forced out of the bar by security. Police ordered him several times to put up his hands, and when he refused, police used a Taser on him.

In surveillance video of the incident, Roach can be seen still standing and adjusting his clothes. That's when Sanguino fired nine times as he backed away from Roach.

One bullet struck another Orlando police officer.

Godinez tried to hide under a staircase during the shooting, but was struck by a bullet that passed through a wall at the bar.

Investigators from the Florida Department of Law Enforcement cleared Santiago of the shooting in January 2015. Sanguino is still with the Orlando Police Department.

The Godinez family settled with the police department for $300,000; the maximum allowed under state law.

Roach will be back in court May 10 for sentencing. He faces up to five years in prison.

Roach's attorney said in a statement:

"Today Mr. Roach entered a plea to five years to the charge of carrying a concealed firearm. Pursuant to the plea agreement, the state of Florida agreed to dismiss the second-degree felony murder charge.

"We believe this to be a fair and just resolution, given the facts of the case. Our client has maintained his innocence as to the now-dismissed charge of felony murder outlined in count one. We hope the resolution of this case brings closure to all parties involved, including the family of Ms. Godinez."

Cox Media Group