The Washington Post
November 18, 1987, Wednesday, Final Edition
Fatal Shooting Was Accidental,Police Say;
Fairfax Officer Reportedly Startled
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.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
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Misconduct.