Man who shot Metro officer loses appeal

Monday, Dec. 10, 2001 | 9:12 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A Las Vegas man who had a dramatic shootout with police in 1999 has lost his appeal to the Nevada Supreme Court.

The court Friday rejected the appeal of Jose M. Rodriguez, sentenced to 32 to 80 years on attempted murder charges. Rodriguez claimed that when he agreed to plead guilty, his attorney was incompetent.

The court's decision upholds the ruling of District Judge Sally Loehrer, who said the defense lawyer worked out a plea bargain that reduced the maximum term from 253 years to 80 years.

Rodriguez had pleaded guilty in a March 1, 1999, incident in which an officer in a patrol car answered a call of shots being fired in the Meadows Village area near the Stratosphere. Metro Police Officer Dominic Kaserskie found Rodriguez shooting at a brick wall in an alley, according to court documents. As the officer approached in the car, Rodriguez fired several shots, hitting the car and the officer in the shoulder.

Court documents said the officer, in an attempt to save his life, accelerated the car, hitting Rodriguez and knocking him on the hood of the vehicle. Rodriguez started shooting through the windshield, and another bullet hit the officer in the thigh.

The officer then drove down the alley and struck a utility pole to knock Rodriguez off the vehicle, then drove to safety.

A second officer saw Rodriguez lying on the ground with the gun still in his hand. He parked his patrol car over Rodriguez to avoid being shot and made the arrest.