Family of slain anti-gang activist Evelyn Rodriguez asks new Suffolk DA for retrial of Ann Marie Drago
HAUPPAUGE, N.Y. -- The family of anti-gang activist Evelyn Rodriguez is calling for a retrial for the woman who fatally ran her over with an SUV.
The conviction was overturned last week.
As CBS2's Carolyn Gusoff reported Tuesday, Ann Marie Drago's conviction was tossed out based on misconduct by the prosecutor.
There was a tearful plea for justice from the daughter of Rodriguez.
"My mother must be spinning in her grave," Kelsey Cuevas said.
She is asking the Suffolk County district attorney to retry the woman who ran her over.
"I need justice for my mother. Please, she took away my mother and all I ask for is justice," Cuevas said.
Cuevas joined a chorus of calls for a retrial amid outrage caused by the reversal of the conviction of Drago.
"I was beside myself. She did recklessly run over Evelyn Rodriguez," friend Barbara Medina said.
FLASHBACK: Long Island woman sentenced to 9 months in prison for death of anti-gang activist Evelyn Rodriguez
Graphic video shot by News 12 captured the deadly 2018 Brentwood confrontation. Drago was behind the wheel. Rodriguez and her partner were incensed that Drago had dismantled an anniversary memorial for their murdered daughter in front of a home Drago was trying to sell.
The car moved forward and Rodriguez was crushed.
The emotional trial focused on Drago's state of mind. A jury found her guilty, despite her contention it was a tragic accident.
"She did not see Evelyn there. She felt it was safe to go forward," defense attorney Stephen Kunken said.
An appeals court faulted the prosecutor for using language to suggest the conduct was intentional, such as "blameworthy," and saying, "You don't get to drive over someone because you feel a mother's memorial is a nuisance." The court also faulted the prosecutor for labeling defense theories as "excuses" and "garbage," and for continually evoking sympathy for Rodriguez, referring to her as "the grieving mother."
Appalled supporters say the trial was fair.
"She was a mother, she was a human being, and we can't forget that, and to use those technicalities to overturn is definitely an injustice," Suffolk County Legislator Sam Gonzalez said.
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The DA at the time, Tim Sini, told CBSNewYork, "I strongly disagree with the Appellate Division's decision. I remain proud of the work prosecutors did. My thoughts have been with Evelyn and her family since the wrongheaded decision."
Current DA Ray Tierney issued a statement on Tuesday afternoon.
"Last week the appellate court reversed the conviction of Ann 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 Aug. 8," Tierney said.
Drago had not yet served her nine-month sentence. Her attorney told Gusoff he is very grateful for the decision on the appeal and that Drago is hoping for the best going forward, reiterating that what happened was unintentional.