Man protected his property with deadly force

Rodrick Scott, a 42-year-old male, was charged with with manslaughter after shooting a 17-year-old to death. The teen – Chris Cervini – was breaking into a cars in Scott’s neighborhood with two other criminals. Scott confronted them with his gun drawn and two of the teens split, the other – Cervini – rushed at Scott. Although Scott forcefully told the would-be attacker to stop, he did not.

In fear for his life, Scott stopped the threat by shooting Cervini twice, killing him. Rodrick Scott was never touched by Cervini. From Rochester’s Your News Now website, and a story dated Dec. 15, 2009.

Scott said on April 4, he was sleeping on the couch, because he and his girlfriend had a disagreement. In the early morning he awoke and heard voices. He looked out the front door to see what was going on outside.

He testified he saw three individuals who were in his driveway, saw them walk out and cross the street, then walk up to a neighbor’s vehicle, pulling on the latch and handles of the neighbor’s truck. He then went upstairs, told his girlfriend Tracy that someone was breaking into a vehicle, and told her to call 911. He grabbed his pistol, for which he has a permit, “to protect myself” then went outside.

Scott said his intent was “to stop or detain the criminals,” not to shoot anyone. He walked down the driveway and over to 39 Baneberry Way. He saw one person standing on a sidewalk, and some rummaging going on inside a vehicle, which had the dome light on.

At that point, Scott testified he pulled his handgun out of the holster, and chambered a round. “I wanted to protect myself and I intended to,” Scott said.

He walked toward the individual, who started to walk away toward Manitou Road. He did not tell that individual to stop. It’s believed that individual was Brian Hopkins.

At this point, Scott was a foot or so off the sidewalk, and he saw someone rustling around inside the vehicle at 39 Baneberry. He testified he clearly saw two individuals. He drew his pistol and assumed the a shooter’s stance. “I didn’t know what I was up against, or if they were armed,” Scott said.

He told the individuals to stop, that his girlfriend had called 911, and that he had a gun. The individuals stopped, and a few seconds passed. Scott says the teens were talking, then one of them ran around the front of the truck. The other ran down the driveway toward him, screaming. Scott warned him he had a gun, then shot him.

He assumed the boy may have been armed.

“I felt if he got to me he would try to kill me or hurt me,” Scott testified.

After the shooting, Scott said Cervini, who was running at him, kept running, passed by him, and fell face-first onto the ground.

Scott was charged with manslaughter and went to trial. As noted above, he testified and told his story to the jury. In December of 2009, a jury – after 19 hours of deliberations over two days during which they asked for testimony to be read back – found Scott not guilty.