Jury in Evelyn Rodriguez homicide case to resume deliberations Wednesday

Defense attorney Stephen Kunken says his client AnnMarie Drago was stricken by fear in 2018 when Evelyn Rodriguez and Freddy Cuevas confronted her as she sat in her SUV.

News 12 Staff

Mar 10, 2020, 9:21 PM

Updated 1,751 days ago

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A jury will resume deliberations Wednesday to decide the fate of a woman charged with killing an anti-gang activist in Brentwood.
Defense attorney Stephen Kunken says his client AnnMarie Drago was stricken by fear in 2018 when Evelyn Rodriguez and Freddy Cuevas confronted her as she sat in her SUV.
The couple yelled at Drago about taking down a memorial to their slain daughter they had set up near the house of Drago's mother. That's where their daughter's body was found.
Eventually, Drago pulled away, running over and killing Rodriguez in the process.
The defense claims Drago was still suffering from post-traumatic stress disorder due to a vicious attack she suffered in 2008 at the hands of a psychiatric patient. They say Drago feared for her life and argue that the death was an accident.
But in his closing statement, prosecutor Marc Lindemann said Rodriguez was standing just 5 feet away from Drago when she stepped on the gas. Lindemann says any disorder she may have been suffering is not a "free pass" to commit a crime.
Lindemann told the jury the defendant "recognized right from wrong and chose to wrong," adding she cannot "hide behind a diagnosis." He also said Drago's actions right after Rodriguez was run over were not those of someone in the middle of a panic attack. He said Drago got out of her vehicle and yelled to a News 12 crew to call 911 and stop recording the incident.
The defense aimed to minimize the importance of her reaction.
"Is she scared, is she fearful? Of course. Is she a responsible driver? Of course," says Kunken. "She is a registered nurse who has a responsibility and the experience to report emergencies and respond to emergencies."