Fairfax County Police said the three men who have been charged in the attempted robbery-turned-shooting death in Reston nearly two weeks ago were all visitors to the Stoneview Square apartment, but none was the shooter.
The resident of the Shadowood condo where the May 17 incident occurred apparently was the triggerman, but is not yet facing charges because “according to law, he was defending himself in his own home,” said FCPD Lt. Lance Schaible.
Virginia statute allows for use of force in relation to perceived threat, says Schiable.
“If someone is in your home … you can take the level of force you feel necessary,” he said. “Ultimately, the decision [on level of force allowed by law] is made by the Commonwealth’s Attorney.”
Schiable did not name the apartment resident.
Police said that there was a gathering of five men — one resident and four visitors to the apartment in the 11600 block of Stoneview Square. All of the men knew one another “and had been hanging out a couple of nights prior,” said Schaible.
The gathering turned into an attempted robbery, an altercation and the shooting death of Rashad Kejuan Daye, 24, of Herndon.
Three men have been charged with attempted robbery and use of firearm in commission of a felony: Eddie Rodriquez, 22, of Woodbridge; Dominique May, 18, of Reston; and Ja’lan Merrill, 21, of Herndon.
At the time of his death, Daye was on a suspended sentence for felony drug charges in 2014, court records show.
May and Rodriguez will have preliminary hearings in Fairfax County General District Court July 22. Merrill will have a preliminary hearing on July 29.
Schaible’s remarks came at a community meeting with FCPD Reston Station officers at Reston Communtiy Center Hunters Woods on Thursday. While the meeting was mainly about a rash of recent car break-ins along Glade Drive, several residents had questions about the May 17 shooting death and the general safety of the area.
Police reiterated this was not a random incident and was not a home invasion as they first reported.
Photo: Police tape off an area on Stoneview Square on May 17.