Family mourns man killed in hit-and-run, blames Tampa police

Frank Rodriguez left the Applebee’s on West Hillsborough Avenue shortly before closing time on June 21 after a deceased family member Dinner.

The 29-year-old Tampa man had shared a table with his sister, father and girlfriend. Rodriguez, who had recently been released from prison and was looking for a fresh start, was set to start a new job as a cook at the restaurant in a few days.

He got into a red SUV with his girlfriend and they noticed that the keys were missing. An argument ensued that caused so much commotion that passersby called 911 and a man tried to intervene.

“He’s beating them like crazy,” a caller told a dispatcher. “He just hit a homeless man, too.”

Less than ten minutes later, Rodriguez was killed in a hit-and-run accident while fleeing from a Tampa police officer who used his Taser in an attempt to arrest him.

Rodriguez’s family says both the police officer who arrested Rodriguez and the driver who hit him are to blame for his death.

Cassandra Saber, Rodriguez’s girlfriend, denied that Rodriguez hit her that day. She said police should never have intervened.

“That was between me and him,” she said. “Other than that, he had a pure heart.”

“I feel in my heart that he is responsible”

Tampa police officer Luis Garcia responded to the call at about 2:20 a.m.

Garcia initially spoke with Saber, who told him she was looking for her car keys, according to body camera footage released by Tampa police. When Garcia called out to get Rodriguez’s attention, Rodriguez was walking away from the SUV. He then returned and argued with the officer.

When Garcia asked the couple what was wrong, Rodriguez ignored him. Body camera footage shows Garcia shoving Rodriguez as he walked away. Rodriguez appeared to throw his arms up in an attempt to push the officer’s hands away.

Rodriguez straightened his body, clenched his fists and yelled obscenities at Garcia, who responded, “Don’t get f***ing tasered, bro,” as Rodriguez ran toward Hillsborough Avenue.

Garcia fired the Taser when Rodriguez reached the adjacent sidewalk, the footage shows. He took a few more steps and fell with his legs in the bike lane and his upper body in the right-hand lane of traffic.

Less than a second after hitting the ground, Rodriguez was fatally struck by a car traveling eastbound on Hillsborough Avenue and kept driving.

Rodriguez died at the scene. Tampa police have not yet released any the driver was arrested for hit and run.

Click here to watch video footage of the incident from Tampa Police. Warning: Video may contain disturbing images.

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Theresa Diaz, Rodriguez’s mother, blames Tampa police and Garcia for Rodriguez’s death. She also laments what she sees as the lack of progress police have made in finding the driver who hit her son.

“As soon as he got there, he treated my son like a criminal without even knowing what was going on,” she said. “If he hadn’t tasered him, my son wouldn’t have fallen on the street and this would never have happened.”

Diaz said Tampa police have made little effort to keep her updated on the status of their search for the fugitive driver.

“It feels like they’re not doing anything,” she said. “I want them to catch the man who killed my son, and I want that cop to pay.”

Diaz said Rodriguez was released from prison in December after serving 10 years. Records show he was convicted of armed robbery, grand larceny and three counts of witness tampering.

Rodriguez has been facing domestic violence and criminal damage charges since his May 20 arrest in Hillsborough County. According to court records, he was charged with domestic violence by strangulation and released on bail days after his arrest.

Rodriguez was ordered not to have any contact with his girlfriend, Saber, who is listed as a victim in the case. She said he never choked or hit her.

“We had a wonderful day. Aside from what happened between us, he is a great person,” she said.

When should the police use a taser?

Taser is the brand name for the electronically controlled weapons most commonly used by police forces.

Electronic control devices such as Tasers fire small metal probes at a target, shocking them in a way that can temporarily disrupt their nervous system.

The devices are marketed as a safe alternative to firearms, but the increasing number of deaths in recent years has led to lawsuits.

Some law enforcement agencies have reduced their reliance on these weapons and revised their policing policies to state that escape should not be the sole reason for using a Taser against someone.

Tampa Police allow officers to use tasers against fleeing suspects, but only if there is reasonable suspicion.

The agency acknowledges that fleeing suspects who are tasered near moving vehicles “may be inadvertently injured” and that the devices should not be used in these cases unless there is a “compelling need,” according to agency policy.

When asked about these policies, a Tampa Police spokesperson responded with a statement: “While no policy or guideline can anticipate every situation that sworn personnel may encounter, sworn personnel must consider environmental factors that could result in serious injury prior to using an ECD (electronic control device).”

Tampa Police policy, like many others across the country, allows the use of Tasers when a suspect flees a violent crime.

Last year, a Colorado prosecutor decided not to criminally charge a deputy sheriff who used a Taser to stun a fleeing man near a road. Like Rodriguez, the man was killed when he was incapacitated and struck by a car.

David Sarni, a retired New York Police Department detective and professor at the John Jay College of Criminal Justice, said Garcia was called to deal with a serious crime.

“He is alone and responding to an ongoing attack,” he said. “It’s a very explosive situation.”

Sarni said Rodiguez appeared combative in the bodycam footage and Garcia likely used his Taser to prevent a physical confrontation.

“The officer is only concerned with the current situation,” Sarni said. “He did not appear to be doing anything inappropriate, contrary to what an officer would have to do – especially not alone.”

Sarni added that the accident occurred early in the morning when there were fewer cars on the roads. The heavier traffic may have deterred Rodriguez from running away or prevented Garcia from using his Taser, he said.

He also said the car was traveling so fast that Rodriguez probably would have been hit even without the Taser.

“But that was not the officer’s intention,” said Sarni. “You have to feel sorry for the police officer.”

Tom Gleason, a retired police captain and longtime law enforcement instructor, said he also doubted Garcia intentionally wanted to put Rodriguez in danger and that his actions seemed reasonable.

“Was it unfortunate? Yes. Do I feel that the officer had any intention of harming the offender? My answer is no,” Gleason said. “Remember, the offender could have easily prevented this by following orders.”

The Florida Department of Law Enforcement is investigating Rodriguez’s death to determine if police misconduct occurred. Garcia has been placed on administrative leave, which is standard procedure when investigating an in-custody death.

The Hillsborough State Attorney’s Office will ultimately review the investigation to determine whether charges will be filed.

Brandon Barclay, president of the Tampa Police Benevolent Association, said once the investigation is complete, it should be clear to the public that Garcia acted reasonably.

“It’s unfortunate that it happened, but there are culprits,” Barclay said. “It’s just not our officer’s fault.”