Defense attorney calls deadly shooting by off-duty Park Police officer a 'tragic accident'
Off-duty Park Police officer who shot friend out on bond
Days after an off-duty Park Police Officer shot and killed a friend, police say by accident, we’re getting more insights about the decision to release him on bond. On Wednesday, a judge said 25-year-old Alexander Roy could go home as his case proceeds. Today, FOX 5’s David Kaplan is learning how rare this case truly is.
BETHESDA, Md. (FOX 5 DC) - Days after an off-duty Park Police officer shot and killed a friend by accident, police say, FOX 5 is speaking with his defense attorney.
Fairfax County police say 25-year-old Alexander Roy, 22-year-old Jesse Hernandez, and two others were in a McLean apartment Sunday morning.
Police say Roy was handling a gun he believed to be unloaded, "dry fired" it, and struck Hernandez in the upper body, killing him.
"It’s an awful, horrible tragedy," said Ed Nuttall, Roy’s defense attorney.
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Family of US Park Police officer killed in accidental shooting agrees to deal releasing suspect on bond
The U.S. Park Police officer accused of killing his friend and co-worker in an accidental shooting over the weekend has been released on bond as part of a deal with the victim’s family.
FOX 5 spoke with Fairfax police Monday, whose preliminary investigation found no malice behind the shooting, in which they said alcohol was a factor.
"A shooting where it’s an unintentional shooting, there’s a lot of emotions that are involved in this, not just the moments of, but even the lifetime after this right now," said Lt. James Curry, in response to a question about the chaotic scene police arrived at just after midnight Sunday.
"In 27 years of practicing law on both sides. I haven’t quite seen a case like this," Nuttal said.
Prosecutors charged Roy with shooting in an occupied dwelling, resulting in accidental death.
If convicted, that could lead to an involuntary manslaughter charge.
On Wednesday, a Fairfax County judge agreed to release Roy on a $10,000 bond with other conditions: no firearms, no alcohol, stay with family in Pennsylvania, and no contact with the victim’s family.
It’s common for a defense attorney to advocate for his or her client to be out on bond.
It’s less common, particularly in a case involving a death, for prosecutors to have no objection, according to Nuttall and another defense attorney who spoke with FOX 5.
"Our office did not oppose bond in this case given the conditions and the strong support of the victim’s family," the Fairfax County Commonwealth’s Attorney said in a statement.
"And the judge granted a personal recognizance bond is a great indication this is a case that’s well outside what we normally see," Nuttall said.
The other defense attorney reiterated this typically doesn’t happen, specifically in cases where there’s a death and two different families are involved.
FOX 5 asked Nuttall if he thought his client was getting preferential treatment.
Nuttall said every case is different.
"This is a case I’ve never seen in 27 years of practice. The facts speak for themselves when the prosecution and the defense and everybody ancillary involved in this case, the victim’s family, Mr. Roy’s family, come together in a manner like this. It makes a statement. And the judge agrees for a personal recognizance bond in a case that resulted in a death, I think that speaks for itself," Nuttall said.
FOX 5 attempted to reach Hernandez’s family but was unsuccessful.
Roy’s next court date is Nov. 16, in which there will be a hearing in compliance with Virginia law to have Roy turn his firearms over, something the Commonwealth’s Attorney is pushing for.
Ed Nuttall told FOX 5 he doesn’t plan any objections during that process.