Family, friends and elected officials are pleading with the Suffolk district attorney to take action after the conviction of Ann Marie Drago in Evelyn Rodriguez's death was overturned.

They stood on the steps of Suffolk District Attorney Ray Tierney's office Tuesday to call for justice.

Drago had been convicted about a year ago for running over and killing Rodriguez, an anti-gang activist, in 2018 in Brentwood following an argument. The disagreement was over Drago taking down a memorial set up for Rodriguez's daughter Kayla Cuevas, who was murdered by the MS-13 gang two years earlier.

Drago was sentenced to nine months for the alleged crime but was released on bail after only serving a week. Her conviction was overturned on Wednesday, July 13.

The conviction was reversed due to how prosecutors allegedly handled the case during a previous administration.

Rodriguez's daughter, Kelsey Cuevas, could not hold back tears while remembering the family members she lost.

"It's not fair that she gets to walk away while I have to hurt and cry every day," Kelsey Cuevas says. "I would do anything just to have my mother back."

Tierney released a statement, saying in part: “Last week the appellate court reversed the conviction of Anne Marie Drago for her involvement in the death of Evelyn Rodriguez.  The basis of the decision was prosecutorial misconduct that occurred under the prior administration.  

After reviewing the decision, we immediately contacted and then met with the family of Evelyn Rodriguez.  We will continue to communicate with the family while we evaluate the case to decide how to best proceed.  We will have no further public comment until after the next court date on August 8.”