ORLANDO, Fla. — Channel 9 learned charges will not be filed against the Orlando police officer who killed an innocent woman last year during a confrontation with an armed man outside a bar.
The State Attorney’s Office said the decision was made Thursday after reviewing the results of a Florida Department of Law Enforcement investigation.
The report shows multiple people called 911 to report that Kody Roach, 23, was waving a gun around at Vixen bar in August of last year.
Roach's gun turned out to be unloaded.
The 27 page report shows that FDLE interviewed a lot of witnesses, including everyone who saw Officer Eduardo Sanguino open fire.
According to the report, the witnesses said Roach refused to comply with Sanguino’s commands to put his hands up.
Sanguino told FDLE he ordered Roach to get on the ground and when he refused, another officer used a Taser on the suspect, but it didn’t have any effect on him.
According to reports, Roach then reached into his waistband for what appeared to be a gun and that’s when Sanguino opened fire.
Sanguino had already been told Roach was armed, so when he reached into his waistband the officer told FDLE he feared for his life and fired nine shots.
“The State Attorney really had no choice after reviewing the evidence,” said WFTV legal analyst Bill Sheaffer. “Finding what was on the officer’s mind at the time of the shooting and what the officer did prior to using deadly force.”
Multiple witness and surveillance video backed up the officer’s story.
When FDLE talked to Roach in the hospital, he didn’t remember much of what happened that night and told investigators he had 10 drinks and used cocaine.
When asked why he didn’t comply with officers’ commands, he said it was because he didn’t do anything wrong.
He went on to say he would have wrestled with the officers and would have shot them if he had the chance.
One of the bullets meant for Roach went through the club and killed 22-year-old Maria Godinez.
After reviewing the evidence, State Attorney Jeff Ashton said there is no evidence that Sanguino committed misconduct and that his actions were necessary to prevent imminent death or great bodily harm.
In an exclusive interview with Godinez’s family, they said they believe Sanguino was showing too much force by firing nine shots.
Godinez’s mother said she is not happy that the state is not prosecuting Sanguino, but she’s reluctantly accepted the city of Orlando’s $300,000 settlement offer, which is the most the family could have won in court.
Sheaffer said the new report would not have helped in a lawsuit against the city.
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