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Judge denies bond to Cape man charged in fatal shooting

By Staff | Jul 26, 2012

A Cape Coral man accused of fatally shooting a door-to-door salesman in his driveway is being held with no bond following a court appearance Thursday.

The State Attorney’s Office asked that Kenneth Bailey Roop, 52, of 1815 S.W. 30th Terrace, be held without bond during his first appearance at the Lee County Justice Center. Roop’s attorney requested a bond of $50,000.

“The judge read the booking sheet, listened to arguments of council and elected to hold him with no bond,” Larry Justham, with the SAO, said.

He said they asked for no bond “due to the serious nature of the crime.”

Roop is charged with homicide murder dangerous depraved without premeditation in the death of Nicholas Rainey, 30, of Fort Myers.

An arraignment date was scheduled Thursday for the coming weeks.

Attorneys John Musca and Marquin Rinard are representing Roop.

“Obviously, that wasn’t the result we were looking for,” Musca said of the judge’s ruling. “Pending a thorough and complete investigation on the matter, we thought a bond would have been appropriate.”

He noted that his client is presumed innocent until proven guilty, and that Roop is entitled to a complete defense. He said his team has a lot to do.

“The facts and circumstances that gave rise to the allegations need to be researched fully – a well structured methodical approach,” Musca said.

He could not comment on his team’s approach to the case, nor whether Roop’s relatives or friends mentioned noticing signs of mental illness.

“The family is distraught,” Musca said. “It’s a very trying time.”

“These are very serious allegations,” he added.

At about 4:30 p.m., Cape police responded to numerous calls about a man who had been shot at 1815 S.W. 30th Terrace. They found Rainey, of 4541 Palm Beach Blvd., deceased in the driveway from multiple gunshot wounds.

According to officials, there was a confrontation between Roop and Rainey, who worked for Blue Ribbon Steak and Seafood. Rainey was shot at the time.

A message left for Blue Ribbon was not returned Thursday.

Sgt. Kristin Shiner, with the corrections department at the Collier County Sheriff’s Office, was the first to arrive outside of Roop’s home Wednesday. A neighbor of Roop, she was off duty at home when she heard shots fired.

“I was sitting on my patio reading when I heard two gun shots,” she said.

Shiner exited her patio and saw a man running down the street screaming for someone to call 911. Shiner stopped him and asked if those were gunshots.

“He said, ‘A guy down the road just shot my friend,'” she said, adding that the man was also a Blue Ribbon salesman who was working with Rainey.

Shiner retrieved her department issued gun and badge. When she arrived outside of Roop’s home, she found Rainey lying face down on the ground with an apparent gunshot wound to the shoulder. She did not seen anyone else.

“I tried to see if I could get any response from him,” Shiner said. “I felt a shallowed breath – he was unresponsive.”

“That’s when I turned my attention to the garage,” she added. “I heard the sound of a gun slide.”

Inside the garage, next to a pickup truck, Roop stood with a weapon. Shiner identified herself as a deputy and ordered him to put down the weapon.

“The third time he appeared to bend down and place it on the ground,” she said, adding that Roop then stood back up and lifted his hands in the air.

Shiner ordered him to come out of the garage and lay on the ground.

“I just detained him at gunpoint until the Cape Coral PD arrived,” she said, adding that it was only minutes until Cape officers were on scene.

Only a resident of the southwest neighborhood for about three months, Shiner said she was surprised by the events that took place Wednesday.

“It’s a quiet neighborhood with lots of families,” she said.

“It’s not something you expect to happen,” Shiner added.

Having never before met her neighbor, Roop, Wednesday was also the first time she has drawn her department issued weapon, on duty or off duty. With the Collier sheriff’s office for nine years, Shiner is dual certified in Florida.

“It was a first time – it was necessary,” she said. “Whether I’m on duty or off duty, I’m still there to protect and serve the public.”

During the incident, Shiner’s first thought was safety. She knew someone was shot and in need of aid, and the safety and security of others were key.

“I focused on the victim at first, until I heard the slide of the gun, then my focus was redirected on making sure everyone was safe,” Shiner said.

She is thankful that no one else was injured during the incident.

“That it came to a peaceful end quickly,” Shiner said. “And my heart goes out to the family (of Rainey).”

No one answered the door at Roop’s home Thursday morning.

Roop’s wife, Wanda, is a procurement manager for the city of Cape Coral’s Financial Services Department. Officials reported that she was hired in 2007.

A woman who answered the Roops’ phone declined to comment.

According to its Web site, Roop is a member of the Caloosa Dive Club. He won several awards in its 2011 photo contest, along with Best of Show for video.

Messages left for most of the club’s officers were not returned Thursday, while one dive club official declined to comment on the incident and Roop.