LI Woman Retried In Death Of Mom Whose Child Was Killed By Gang: DA

PATCHOGUE, NY — A Patchogue woman is set to be retried in court on charges including criminally negligent homicide in the death of anti-gang activist Evelyn Rodriguez, after an appellate court recently overturned her 2020 guilty verdict, Suffolk County District Attorney Ray Tierney confirmed with Patch.

Rodriguez lost her daughter Kayla Cuevas, 16, to the deadly MS-13 gang; her death was among the many that brought then-President Donald Trump to Long Island to declare war on the violent scourge.

Ann Marie Drago, 61, who appeared in a Riverhead court on Monday, will be prosecuted by Tierney's office again in September, a representative told Patch. She was initially charged with criminally negligent homicide, criminal mischief and petty larceny, officials said.

Rodriguez died after being struck by an SUV while at a memorial service for her daughter in 2018.

According to police, Rodriguez was setting up the memorial for her daughter in Brentwood.

Police said in a previous statement that Drago, who was visiting her mother's house, threw several items from the memorial in the garbage, including candles, a tablecloth, flower bouquets and vases.

Rodriguez confronted Drago and during a dispute over the stolen and damaged items, police said. Drago then abruptly accelerated her car, striking Rodriguez with the front left tire and rear left tire, police added.

Rodriguez was taken to Southside Hospital in Bay Shore, where she was pronounced dead, police said.

Drago, a nurse, was convicted in March 2020. She was released from jail on bail a week after she started serving a 9-month jail sentence in early 2021, Newsday reported.

Patch reached out to Matt Hereth, of the Legal Aid Society of Suffolk County who represents Drago. He has not yet responded for comment.