The Washington Post
November 18, 1987, Wednesday, Final Edition
Fatal Shooting Was Accidental,Police Say;
Fairfax Officer Reportedly Startled
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BYLINE: Patricia Davis, Washington Post Staff Writer
SECTION: METRO; PAGE C2
LENGTH: 479 words
The fatal shooting of a drug suspect by an undercover police
officer on Monday was an accident that occurred after the suspect startled the
officer, Fairfax County police said yesterday. The police department's findings
that "an unintentional reflex" caused the officer's gun to discharge
will be forwarded to the county's chief prosecutor, who will decide whether the
shooting was a criminal violation.Police said the officer, Investigator Irene
M. Boyle, will remain on administrative leave pending the prosecutor's review.
"This was strictly an accident," Col. John E.
Granfield, chief of police, said yesterday. "She fired it but without any
intention of having it fired." Police, who could not identify the man on
Monday, said yesterday that the victim was 27-year-old Jose Carlos Rodriguez of
no fixed address. They said the difficulty in identifying Rodriguez stemmed
from his prior use of seven aliases and six birthdates.Police said
investigators had negotiated to purchase two ounces of cocaine from Rodriguez
for $ 2,700 and planned to meet him late Sunday in the parking lot behind a dry
cleaners in Baileys Crossroads.Rodriguez drove to a dark section of the parking
lot in his rented pickup truck, and an investigator agreed to purchase one
ounce of cocaine, all that Rodriguez had with him, police said.The investigator
then alerted other officers in marked and unmarked cruisers, police said. They
said Boyle, an 11 1/2-year veteran of the department, walked to the truck with
her weapon drawn to provide coverage for another officer.At first, Boyle did
not see Rodriguez, but as she came within a foot of the truck his face suddenly
appeared at the window of the cab. "He kind of came up like a jack in the
box," said Granfield. "It startled her, and she shot the
gun."Police said one bullet struck Rodriguez in the head, and he was taken
to Alexandria Hospital, where he died a short time later. No weapon was recovered
from Rodriguez's vehicle, they said.Had the transaction not gone awry, police
said they would have charged Rodriguez with possession of cocaine with intent
to distribute, a felony.Granfield said yesterday that the actions by Boyle, 33,
were in accordance with police procedures.That Boyle had her service revolver
"out and drawn" was proper procedure, Granfield said. He noted that
in virtually every undercover drug arrest made by county police, the suspects
are heavily armed.Generally police department policy states that deadly force
shall not be employed except as a last resort, but Granfield said Boyle had no
intention of shooting the weapon.Commonwealth's Attorney Robert F. Horan Jr.
said yesterday that he will review the autopsy results and the findings of the
police department's investigation, which was conducted jointly by the homicide
department and the internal affairs section.