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Officer justified in shooting, board says

The officer had reason to fear for his life when he killed a man who shot at him, a department review board decides.

By JACOB H. FRIES
Published March 31, 2006

CLEARWATER - A city police detective was justified in shooting to death a man who moments earlier had fired a bullet that narrowly missed the detective's head, a department review board ruled Thursday.

Detective Steven Corrao, 33, was working an "extra-duty" job outside a Drew Street restaurant on March 12 when he became engaged in a life-or-death struggle with Guillermo Nicolas-Rafael, 22, police said.

Each held a gun in his right hand, while reaching with his left for the other man's weapon, according to police. Nicolas-Rafael fired first from his .22-caliber handgun, missing the detective.

Then Corrao, freeing himself from Nicolas-Rafael's grasp, fired four rounds from his department-issued .40-caliber handgun, knocking Nicolas-Rafael to the pavement, police said. Nicolas-Rafael, from a face down position, raised his weapon again toward Corrao, who fired two more shots.

Nicolas-Rafael was pronounced dead at the scene, a parking lot at 2097 Drew St. The gun, later determined to be stolen, was still in his hand, his finger on the trigger, police said.

"It's regrettable what happened, but it's remarkable that the officer survived this encounter," police spokesman Wayne Shelor said. "It was equal measures of instinct, training and street survival skills."

An autopsy determined that Nicolas-Rafael's blood-alcohol level was between 0.188 and 0.207, at least twice the level at which Florida law presumes a person to be impaired. Cocaine also was found in his urine.

The review board's ruling comes two days after Pinellas-Pasco State Attorney Bernie McCabe determined that Corrao was in "legal performance of his duty" when he shot Nicolas-Rafael.

"Officer Steven Corrao had reason to believe that his life was in danger," McCabe wrote in a letter dated Tuesday.

The incident unfolded about 1:30 a.m. on March 12 when Corrao saw a white 1992 Mercury Grand Marquis pull in to the rear parking lot behind Jose's Mexican Restaurant.

It caught the detective's attention because a vehicle matching that description had been involved in a road rage incident earlier that night, police said. The detective approached the car, saw three people inside and drew his weapon.

Corrao saw that the man in the back seat, later identified as Nicolas-Rafael, had a gun.

"Let me see your hands!" the detective shouted, police said.

Corrao radioed for backup, opened the door to the back seat and pulled out Nicolas-Rafael, police said. The two began to struggle.

Then the shooting started.

The other people in the car, two juvenile males, later told investigators with the State Attorney's Office that Nicolas-Rafael had told them to run over Corrao. They also reported that earlier in the night he had said he didn't need a job because he had a gun.

Since the shooting, investigators have determined Nicolas-Rafael was the driver of the Grand Marquis involved in the road rage incident that night. In that incident, police said, he cut off a car on U.S. 19, exchanged words with the other driver, then rammed the vehicle twice.

Nicolas-Rafael, a construction worker who moved to Clearwater from Mexico eight years ago, had been arrested in September 2004.

In that case, he was charged with felony and misdemeanor domestic abuse. His girlfriend at the time reported that he beat her after a birthday party one evening. Charges were dropped after Nicolas-Rafael agreed to a 12-month domestic violence intervention program.

Nicolas-Rafael's family could not be reached on Thursday.

Corrao, who was placed on paid administrative leave during the investigation, has returned to his duties as a detective.

[Last modified March 31, 2006, 01:09:18]