Updated:ORLANDO, Fla. —
An innocent woman was killed when police opened fire on a man outside the Vixen Bar in downtown Orlando when he approached them with a stolen gun in his waistband.
Channel 9 learned the gun wasn't loaded, however, because an employee at another bar emptied the bullets and gave it back to Kody Roach, according to sources.
When officers opened fire on Roach outside Vixen Bar, a stray bullet struck and killed a woman inside.
Channel 9's Shannon Butler is now looking into whether the employee who emptied the gun could face charges in the investigation.
The employee was questioned by investigators along with others who claim to have seen the gun being emptied hours before Roach was shot, Butler said.
Investigators said things might have gone down differently had that information been relayed to police before the shooting.
WFTV legal analyst Bill Sheaffer said he doesn't think charges will be fired against the employee even if law enforcement wanted to.
"Law enforcement is going to take a long, hard look because of the circumstances, but to try and get a successful prosecution would be remote if not impossible," said Sheaffer.
The Florida Department on Law Enforcement wouldn't answer questions about that employee or say which bar it was.