Driver Of SUV That Killed MS-13 Victim's Mom Indicted: DA

BRENTWOOD, NY — For the friends and loved ones rocked by the death of a grieving mother of a teen authorities say was brutally murdered by the brutal MS-13 street gang, Friday marks the day when justice they've demanded for Evelyn Rodriguez may finally be realized.

On Friday, Suffolk County District Attorney Tim Sini announced the unsealing of an indictment in connection with a fatal crash that occurred on Sept. 14. that took Rodriguez' life.

AnnMarie Drago, 58, pleaded not guilty to charges including criminally negligent homicide, criminal mischief and petty larceny, according to Suffolk County DA Timothy Sini.

“Our goal in the Suffolk County District Attorney’s Office is to seek justice, and that’s what we’ve done here today: We’ve begun the process of justice,” Sini said. “I want to thank my partners in the Suffolk County Police Department for working with my office in close collaboration to conduct an extremely comprehensive investigation. We promised from the outset that we would not rush to judgment, we would leave no stone unturned, and that is exactly what we did.”

Drago was arraigned on the indictment in front of Suffolk County Acting Supreme Court Justice Fernando Camacho and was released on her own recognizance, the DA said.

Members of Rodriguez' family were reportedly present Friday at the proceedings.

Rodriguez was struck and killed by an SUV just minutes before her daughter's memorial service after she was involved in a dispute on Ray Court, near Stahley Street, with the driver of a 2016 Nissan Rouge regarding the placement of a memorial dedicated to the teens, who were murdered near the location on Sept. 13, 2016.

At 3:37 p.m., Drago, who was involved in the sale of a house on Ray Court, allegedly damaged several items placed at the memorial by throwing them into a garbage can, including candles, a tablecloth, flower bouquets and vases, the DA said.

She also allegedly popped balloons at the memorial before throwing them out, according to the DA.

She then allegedly placed several items in the back of her 2016 Nissan Rogue, including the table, photograph and large floral arrangement, before leaving the scene, the DA said.

At 4:08 p.m., Drago returned to Ray Court in the Nissan and became involved in a dispute with Rodriguez, who was on foot, over the memorial.

During the dispute, Drago abruptly accelerated the vehicle, striking Rodriguez with the front left tire and rear left tire of her vehicle.

Rodriguez, of Brentwood, was transported to Southside Hospital in Bay Shore where she was pronounced dead. The driver, who remained at the scene and called 911, was not injured.

Drago's Commack attorney Stephen Kunken read a statement in court: "My client has asked me to extend her sincere condolences to the family of Evelyn Rodriguez, to her friends and to her community. What happen on Sept. 14, 2018 was a tragic accident. My client is a hardworking mother of two sons, she is a registered nurse and a teacher. She has cooperated fully with the police, with the district attorney's office and with the grand jury. When all of the facts and circumstances surrounding this incident are revealed it will be shown that my client’s actions that day were neither intentional nor reckless. With regard to the charges which have been filed today she is hopeful and I am confident that she will be found not guilty of any criminal conduct."

If convicted, Drago faces a maximum sentence of one to four years in prison.

Rep. Peter King spoke out after Friday's court proceedings: "I give DA Sini a lot of credit," he said. "It was obviously terrible, immoral and wrong but it can be hard sometimes to prove a crime. The fact that they took their time, looked at evidence carefully and spoke to eyewitnesses — finally, Evelyn had her day in court. Finally, she'll get some justice."

Kunken thanked the Suffolk County Police and the DA's office for the way they've handled the case and the respect they've shown his client.

In video footage aired by News 12, Rodriguez and an unidentified man can be seen confronting a woman in a white SUV seconds before the SUV strikes Rodriguez.

After her death, Suffolk County Police confirmed that Rodriguez' death "was not MS-13 related."

Speaking to Patch immediately after Rodriguez' death, King, who'd been preparing to attend the memorial, described the horror of the news: "It's almost beyond grief. It's horrible to think that so much could have happened to one woman. Her daughter was butchered by MS-13 with baseball bats and machetes, and two years later, she's run over, in the same spot. It's impossible to believe."

Many struggled to comprehend the magnitude of the tragedy — the nightmare surrounding the loss of Rodriguez, 50, who, since losing her daughter, Kayla Cuevas, 16, had devoted her life to eradicating the scourge of MS-13. Kayla, along with 15-year old Nisa Mickens, died exactly two years ago to the day Rodriguez was struck and killed.

Many expressed shock and outrage when no criminal charges were initially filed.

One local resident even started an online petition on Change.org seeking justice for Rodriguez which as received 1,166 signatures.

King, who visited Freddy Cuevas — Rodriguez' longtime partner and Kayla's father — Monday, said, "he's very strong, very articulate. He looks upon it has his job to hold the family together."

While he was expecting that Cuevas might be inconsolable or "angry at the world," King said Cuevas was logical and lucid. "Obviously, he's anguished, but he wants to continue her efforts — to take another tragedy and make something positive out of it."

The heartbreak of Rodriguez' death, King said, will give Cuevas a forum, a way to "continue Evelyn's work."

Describing the events as he understood them, King said the memorial had been set up; some property owners in the area "were selling a house and apparently thought the memorial would hurt their opportunity to sell the house. Without talking it over," the memorial was torn down, King said.

King said Rodriguez and Cuevas, who were seen in the video yelling at the driver in the SUV, were upset because the contents of the memorial, including a photo of Kayla, were in the back of the SUV. "They were trying to get it back," King said.

King has worked closely with Rodriguez during the two years since her daughter's horrific death.

"She was an incredibly warm woman, extremely tough minded and articulate, dedicated. Despite all that happened, she never once felt sorry for herself, she never said, 'Why me?' Her goal was that no other parent would have to go through what she had. She'd say, 'I want the day to come when parents in Brentwood don't have to wait at the bus stop, when kids can feel safe to walk home from school.' Right now, parents are scared stiff," he said.

King said he'd been speaking to Rodriguez all week before her death; she'd worked on a campaign commercial for him. In fact, he even spoke to the morning before the crash; she'd called to make sure he was going to attend the vigil.

As he was heading out — he wanted to get to the vigil early — King said he got a call from a woman on his staff about the tragedy, but at first, the belief was that Rodriguez might still be alive. "I went racing there and they told me she had died," King said. "It was absolutely a horrible shock. To be killed at her daughter's memorial, exactly two years after she was murdered. The whole thing just seems surreal."

Additional reporting by Priscila Korb.

Main photo of Evelyn Rodriguez provided by the White House.