Jury told man approached officers

Jace Radke and Mary Manning

Friday, Oct. 10, 2003 | 11:32 a.m.

A convenience store clerk testifying at a coroner's inquest into the fatal shooting of a man by Metro Police said the man waved a foot-long knife in his face before advancing on two police officers.

Charles Sierra said Charles M. Rorie III was drunk when he came into the Chevron station at the corner of Durango Drive and Spring Mountain Road Sept. 8, and that Rorie took a beer from the store.

"The police came and he (Rorie) just kept approaching (the officers)," Sierra said. "It was clear that the officers were giving him instructions, but he just kept coming toward them and was shot."

Sierra was among the first of 10 witnesses expected to testify this morning at a coroner's inquest into the killing of Rorie, 21, by Metro Police. The jurors at the inquest are charged with determining whether the shooting was justifiable, excusable or by criminal means.

If it is determined that the shooting was criminal the case would be forwarded to the Clark County district attorney's office for prosecution.

Rorie was fatally shot at Desert Breeze Park on Sept. 8 after police and witnesses say he lunged at officers with a knife. Rorie had allegedly stolen a bottle of Olde English 800 malt liquor from the Chevron across the street from the park when he was confronted by two plainclothes officers.

Rorie was taken to University Medical Center where he died at 2:52 a.m. Sept. 9, authorities said.

"He elevated the event from a simple shoplifting to a robbery with a knife," Metro Capt. Tom Lozich said.

Rorie left the store and walked across the street to the park. Two Metro officers working another incident saw Rorie staggering across Durango.

When Rorie raised a knife the two officers ordered him to stop again and again, witnesses said. When Rorie lunged at the officers, they each fired at least once, Lozich said at the time.

The two officers who fired at Rorie were Pasquale Varrati, 31, and Benjamin Cohen, 28, who have been with the department since July 1998. The incident was the seventh fatal shooting this year by a Metro officer -- equaling the total for 2002. Metro officers shot and killed six people in 2001.

Carrie Sargent, a clerk at another convenience store near the park told jurors at this morning's inquest that Rorie came into her store and was involved in a fight shortly before he made his way south to the Chevron.

"He wanted to bring a dog in the store, and when I told him he couldn't he just started getting violent and angry and shouting profanity at me," Sargent said.

Austin Keaveny and his brother William both witnessed the officers shoot Rorie on Sept. 8, and were expected to testify today.

"Why would you risk your life for a $1.35 bottle of beer?" Austin Keaveny said to reporters on the night of the shooting.

"He just wouldn't stop and (the officers) kept screaming at him," Austin Keaveny said. "They had no other choice."

The brothers said they were standing on the sidewalk and watched Rorie leave the Chevron and cross Durango.

"He almost got run over," William Keaveny, said.