Cape Coral, Florida (News-Press) -- The trial is underway for the Cape Coral man accused of
killing a door-to-door meat salesman on his property last summer.
The suspect's attorney will argue he acted in self-defense.
Bailey Roop, 53, is accused of second-degree murder in the death of
Nicholas Rainey, 30, of Fort Myers. Rainey knocked on Roop's door but
received no answer, and was walking back down the driveway when Roop
pulled up in his pickup. Roop shot Rainey in the shoulder and back of
An off-duty Collier County Sheriff's sergeant was first on scene and ordered Roop to the ground.
attorney, Marquin Rinard, with Musca Law, will argue his client shot in
self-defense, Rinard said during opening arguments at the Lee County
courthouse on Wednesday. Roop did the prudent thing, asking why Rainey was in
his driveway, Rinard said. Rainey didn't answer, and then Roop lost
sight of one of Rainey's hands as the salesman approached Roop's
Roop shot because he thought Rainey was coming
into the truck to get him, Rinard said. He shot a second time, to
protect himself, when he saw Rainey start to get up.
prosecution, Assistant State Attorneys Andreas Gardiner and Amira Fox,
will argue Roop shot Rainey without warning, and without getting out of
The families of the victim and the suspect are in court, sitting on opposite sides of the room.
first witness, John Godfrey, is a Blue Ribbon Steak and Seafood
employee who was selling door-to-door with Rainey when he was killed.
Rainey, who Godfrey calls "Nick," identified himself when Roop's truck pulled into the driveway, Godfrey said.
"He waved at him... that's usually what we do," Godfrey said. "We try to be friendly."
was carrying brochures that described the meat he was selling and the
prices, Godfrey said. He said he didn't hear yelling or angry voices
following the shooting.
"I heard a bang and right when he fell down, right here, he yelled '(expletive) shot me!'" Godfrey said.
without getting out of his truck, Roop reached his arm out the window,
spent a few seconds taking aim at Rainey on the ground, and shot him
again. Rainey had not attempted to get off the ground or come toward
Rainey, Godfrey said.
When asked to identify the man who shot Roop, Godfrey indicated Roop and said, "He's wearing a suit with a smile on his face."
See Also: Man who killed door-to-door salesman described as time bomb
prosecution then showed a picture of Rainey, lying bloodied in Roop's
driveway. Rainey's mother gasped when the image appeared on the screen,
and was comforted by a man next to her.
Godfrey identified a Blue Ribbon brochure and Rainey's cell phone lying next to him on the ground in the picture.
Eugene Snyder, who ran to the scene of the shooting hoping to
administer first aid, said he heard Roop say he would shoot and kill
anyone on his property.
"Then I heard the cocking of the gun," Snyder said, "the sliding of the gun."
Roop was in his garage, Snyder said.
eventually dropped the gun and was detained by police. As a Cape Coral
Police officer was handcuffing him, Snyder said he heard Roop say:
"Why are you handcuffing me? I can shoot and kill anybody who trespasses on my property."
Schiaroli, who lives a street over from the scene of the shooting, said
Rainey sold her two boxes of meat before he was killed.
"He was very nice," she said. "He had a very good personality."
gave Schiaroli his phone number, and she texted him a few minutes after
he left her house. Then she heard two gunshots and went outside, where
she saw Rainey on the ground.
Kristin Shiner, the Collier
County Sheriff's Office sergeant who was first to respond to the scene,
was the last witness to take the stand before the court recessed for
She was reading a book on her day off when she heard two gunshots, with a few seconds pause between the shots.
described running toward the scene in shorts, a tank top and her
daughter's slide-on shoes - her badge on and gun in hand.
confronted Roop where he was standing, armed, in his garage. She told
him to drop the gun three times before he complied. She told Roop she
would shoot if he didn't drop the gun, to which he replied "I know you
Roop didn't speak again until Cape Coral Police arrived, Shiner said.
"He just randomly said, 'They don't belong here, I have signs in my yard: no trespassing,' " Shiner said.