Retrial of Ann Marie Drago, accused of running over and killing anti-gang activist Evelyn Rodriguez, begins on Long Island
RIVERHEAD, N.Y. -- Tuesday marked the opening day of the emotionally charged re-trial of Ann Marie Drago, the driver accused of running over a respected mother in 2018.
CBS New York was in the courtroom, which was filled with family and friends of anti-gang activist Evelyn Rodriguez.
The nation watched as the parents of two young teens from Long Island were honored during the State of the Union address in 2018. Within months, though, Rodriguez would be dead.
The anti-gang activist, whose daughter, Kayla Cuevas, was murdered by MS-13 gangs two years earlier, was run over and killed after setting up a memorial for her daughter in Brentwood on the anniversary of her death.
Allegedly behind the wheel of the car that ran over Rodriguez was Grago, a Long Island nurse. She is accused of trashing the memorial hours before a vigil. She said she was selling her mother's house and needed the area cleared.
Kayla's parents, Freddy Cuevas and Rodriguez, angrily confronted Drago about destroying the balloons and flowers. As seen on News 12 cameras, Drago allegedly stepped on the accelerator.
This is the second trial for Drago. A state Appeals Court overturned Drago's conviction, ruling a previous prosecutor made improper comments during trial, mischaracterized evidence and confused the jury.
FLASHBACK: Long Island woman sentenced to 9 months in prison for death of anti-gang activist Evelyn Rodriguez
Kelsey Cuevas, Kayla's sister, sobbed during opening statements and repeated sentiments she shared when she found out the guilty verdict was tossed.
"She took away my mother, and all I ask for is justice," Kelsey Cuevas said.
Was it an unintentional accident? Did Drago panic while trying to escape a heated confrontation? Or was it criminally negligent homicide?
The retrial is expected to last two weeks.
The defense argues Rodriguez got one of her feet stuck under a tire and it was a tragic accident.