Slain man’s family members see video of shooting by officer

Keith Paul

Thursday, Jan. 20, 2000 | 11:38 a.m.

Three of Emilio Rodriguez's family members watched surveillance video this morning that showed the shooting of the would-be robber on Dec. 5 at Mr. D's sports bar as a coroner's inquest into the actions of the off-duty Metro Police officer who killed Rodriguez began.

A seven-member jury will determine if Officer Dennis Devitte was justified in the shooting of the 19-year-old Rodriguez during a robbery attempt at the bar at Oakey and South Rainbow boulevards.

Homicide Detective James Vaccaro narrated the tape of the surveillance video, which included six different camera views, for the jury, pointing out the action through the grainy images.

Vaccaro also noted that six patrons were shot along with Devitte and Rodriguez during the failed robbery, in which Rodriguez shot 10 rounds from his .40-caliber handgun. Shots also were fired by two other robbers, who were not caught.

Police have maintained that all of the patrons were shot by robbers' bullets. No patrons died in the shootout.

In 19 seconds during the failed robbery, a total of 23 shots were fired including eight from Devitte, a 20-year police veteran.

There were seven off-duty officers in the bar at the time of the shooting, including three who were playing in the band that was performing, Vaccaro said.

Devitte, 41, was the only off-duty officer in the bar who was carrying a gun, police have said.

Metro officers are not required to carry weapons while off duty, but they are allowed. However, according to the department's policy, "off-duty members who anticipate consuming alcoholic beverages are advised not to carry a firearm. Any department member found intoxicated and carrying weapon shall be subject to disciplinary action."

Metro officials have said that Devitte had a couple of drinks but was not intoxicated at the time of the shooting.

Police had already showed part of the surveillance video during a press conference days after the shootings that showed Rodriguez and two other masked men rushing into the bar through the back door with guns drawn at 1:22 a.m. Sunday. One of the gunmen tried to jump over the bar, but was pulled to the ground and held there by three or four customers.

A third gunman is seen on the tape firing a shots into the air, then firing into the crowd and then at the customers holding the robber on the floor.

Police say Rodriguez fired 10 shots from a handgun and hit Devitte seven times during the gun battle. Rodriguez fled the bar after the shooting. He collapsed and died on the sidewalk about 15 feet from the front door of the car.

From the time of the shooting, several people at the bar that night and Metro officials have given Devitte nothing but praise for his actions. Sheriff Jerry Keller called him a hero at a press conference days after the shootings.

"He made the right decision at the right time," Sheriff Jerry Keller said about Devitte's decision to confront the gunmen. "Had Dennis not stepped in, there would have been tremendous loss of life.

"Dennis chose to be armed, and thank goodness in this circumstance he exercised the right judgment." Keller said in December. "This guy took the rounds and stayed the course."

Rodriguez was a registered felon with a possession of a stolen car conviction and had several arrests for theft-related crimes. He dropped out of Horizon East alternative school in October 1997. He talked with school officials in September 1998 about returning to school, but did not re-enroll.

Devitte faced a coroner's inquest in November 1998 for the Oct. 21, 1998, fatal shooting of a knife-wielding, 51-year-old Lonnie James, a twice convicted sex offender. The coroner's inquest jury took less than 30 minuted to rule Devitte was justified in that shooting.

James, apparently despondent over the possibility of being arrested on child molestation accusations, confronted police with a knife. Officers tried to use pepper spray to subdue him, but it had no effect.