Jurors in Ann Marie Drago trial watch video of anti-gang activist Evelyn Rodriguez's death
Ann Marie Drago, middle, leaves a Riverhead courtroom during recess at her retrial on Wednesday afternoon. Credit: Tom Lambui
A Suffolk jury watched Wednesday as Evelyn Rodriguez was crushed under a pair of SUV tires in a one-minute video played at the criminally negligent homicide trial of the woman who ended her life five years ago.
“I know your mother!” Rodriguez could be heard yelling, last words in the chaotic moments before Ann Marie Drago stepped on the gas pedal. The Sept. 14, 2018, encounter was filmed by a News 12 cameraman.
The courtroom door slammed shut as supporters of Rodriguez, including daughter Kelsey Cuevas, walked out of the courtroom while the video, which attorneys on both sides have described as “graphic” and “gruesome,” continued to play.
The encounter occurred two years to the day after Drago's mother found the body of Rodriguez's 16-year-old daughter, Kayla Cuevas — the victim of alleged MS-13 gang violence — in her yard on Ray Court in Brentwood.
WHAT TO KNOW
- A Suffolk jury watched Wednesday as anti-gang activist Evelyn Rodriguez was crushed under a pair of SUV tires in a one-minute video played at the criminally negligent homicide trial of the woman who ended her life five years ago.
- The Sept. 14, 2018 encounter occurred two years to the day after defendant Ann Marie Drago's mother found the body of Rodriguez's 16-year-old daughter Kayla Cuevas — the victim of alleged MS-13 gang violence — in her yard on Ray Court in Brentwood.
- The courtroom door slammed shut as supporters of Rodriguez, including daughter Kelsey Cuevas, walked out of the courtroom while the video, which attorneys on both sides have described as “graphic” and “gruesome,” continued to play.
Prosecutors say Rodriguez and her husband, Freddy Cuevas, Kayla's father, approached Drago's Nissan Rogue demanding the return of memorial items — some of which were in the SUV — after Drago dismantled a tribute to Kayla in front of her mother's home.
Prosecutors contend Drago turned the wheel in the direction of Rodriguez just as she stepped forward, knocking her down as she slammed her head on the pavement. Rodriguez suffered a fractured skull and neck after she was run over, and bruising in her brain caused her death, prosecutors said
Before showing the video to the jury, State Supreme Court Justice Richard Ambro cautioned that they would likely find it “disturbing.”
“Even so, remember that you’ve promised to be fair to both sides in this case and therefore consistent with your oath as jurors give your full attention as you view the video and do so calmly and unemotional,” Ambro said.
Drago, 62, of Patchogue, is also facing misdemeanor charges of criminal mischief and petit larceny. This is her second trial after her previous conviction was overturned by a state appellate court.
Drago’s defense attorney, Matthew Hereth of the Legal Aid Society of Suffolk County, said during opening arguments that Drago had received a call from a real estate agent who had listed her mother’s house, which was in contract to be sold, and asked her to clean up the property. He said Drago was unaware of plans for a vigil.
Hereth described the encounter as a "terrible, unforeseeable accident” and said his client was "shocked, confused and terrified" as Rodriguez and Cuevas approached her vehicle “shouting curses” at her.
“That was our daughter that was [expletive] killed,” Rodriguez’s husband could be heard yelling on the video, which was played during the testimony of cameraman Andrew Singh.
Singh, who now works for Newsday, was one of three News 12 staffers present when Rodriguez confronted Drago. He testified that reporter colleague Eileen Lephamer had called Rodriguez to ask her about the memorial being taken down as the news crew awaited the vigil, which the network planned to broadcast live at 6 p.m.
Singh told Assistant Suffolk County District Attorney Laura Newcombe that watching the video again in court brought clarity to his memories from that day. “I remember it like it was yesterday now,” the cameraman said.
During cross examination, Hereth focused on the demeanor of Rodriguez and Cuevas in the video, having Singh confirm that they were “aggressive” and that the scene escalated quickly into something “chaotic.”
Singh was among four witnesses to testify during the second day of the trial Wednesday. A potential fifth witness, Barbara Medina, who helped organize the vigil, was prevented from providing testimony. Ambro sided with a defense objection to Medina's testimony after Hereth argued she could only provide redundant testimony that would serve to “evoke sympathy” from the jury.
Medina, a crime-victim’s advocate who befriended Rodriguez after her daughter’s death, previously testified at Drago’s first trial and before a grand jury. Prosecutors argued that her testimony could distinguish for the jury that the planned vigil was an organized event that was to be attended by elected officials and different from other informal gatherings neighbors testified had caused problems on the street.
Drago’s prior conviction was overturned in part because the four-judge panel of the Brooklyn-based New York Supreme Court Appellate Division determined the previous prosecution team made improper remarks and evoked sympathy from the jury.
Testimony in the trial is expected to continue Thursday and last through next week.
Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.
