Use of force justified in killing of suspect who shot Raleigh police officer Max Gillick, DA says
RALEIGH, N.C. (WTVD) -- Wake County District Attorney Lorrin Freeman said Thursday that use of force was justified in a deadly Raleigh Police officer-involved shooting in January.
On Jan. 21, officers shot and killed Antonio Joseph Rodrigues, who had shot and critically injured Raleigh First Class Officer Max Gillick. Freeman wrote that her office concluded that the use of force was justified and that no charges will be pursued against the officers.
Gillick was released from the hospital in March.
Just days after the shooting, former Raleigh chief Estella Patterson praised Gillick, who was shot during a gunfire exchange with Rodrigues in a Renaissance Park neighborhood.
"He's a hero. Very heroic, very courageous," she said on Jan. 24.
Shooting Timeline
The DA's report revealed a tense, dramatic scene that day.
Police arrived on the scene about 5:40 p.m. on Jan. 21 in the 600 block of Democracy Court in response to a burglary call that was upgraded to a shooting call. They responded after the homeowner called 911 and said she and her boyfriend were packing moving boxes when her ex-husband, later identified as Rodrigues, showed up and broke into the home.
According to the district attorney's findings, Rodrigues used a stun gun on the boyfriend, later identified as 73-year-old John Rowe, and then left and came back with a .44 caliber rifle, which he used to shoot into the house, striking Rowe. The homeowner was able to get out and run to a neighbor's house.
When officers entered the home, they found Rowe on the floor with a gunshot wound. They soon found Rodrigues hiding behind a car in the garage. According to the investigation, Rodrigues ignored commands to drop his weapon and began firing at officers. RPD Officer Henry returned fire but retreated into the house because he thought he had been hit.
Meanwhile, Gillick stayed with Rowe and worked to move him into a screened-in porch out of the line of fire. As RPD's Selective Enforcement Unit arrived, Rodrigues continued to sporadically shoot at officers.
The SEU team used a BearCat armored vehicle to smash into the garage and used a flashbang device. That flushed Rodrigues from the garage. Police bodycam video showed him going back into the house and firing his rifle at Gillick, critically wounding the officer, who was still tending to the injured Rowe. At that point, multiple officers fired at Rodrigues, killing him.
Investigators found a Rossi Model R92 .44 caliber lever-action rifle under Rodrigues' body. They also found a Polymer 80 "ghost gun" handgun and Orion flare gun in the garage where Rodrigues had fired numerous rounds.
In Conclusion
Under North Carolina law, a law enforcement officer may use deadly force to protect himself or others from what he reasonably believes to be the imminent use of deadly force by another, Freeman wrote.
"Officers responding to the scene were actively fired upon by Mr. Rodrigues despite repeated commands for him to drop the firearm, and as a result, Raleigh Police Officer Gillick was shot and critically wounded," the report said. "Officers were justified in using deadly force to stop Mr. Rodrigues because he was an active threat to them and others on the scene and in the surrounding area. Throughout the incident, Rodrigues continued to fire weapons every few minutes until ultimately stopped when fatally shot. A review of the evidence in this case leads to a conclusion that the use of force was lawful and that a prosecution is not warranted."
Gillick underwent surgery at WakeMed and was listed in critical condition for weeks, but his condition has continued to improve. By March 10, Gillick was at home and resting.
