Trial of woman charged in death of anti-gang activist set for February

The trial for the woman charged with running over and killing anti-gang activist Evelyn Rodriguez 16 months ago in Brentwood is scheduled to begin as soon as late next month.

AnnMarie Drago, 58, of Patchogue, faces a top charge of criminally negligent homicide in the death of Rodriguez, 50, who was run over in September 2018 while arguing with Drago about the destruction of a memorial to Rodriguez's daughter, Kayla Cuevas, 16, and her friend, Nisa Mickens, 15. 

The teens were killed in 2016 at the hands of MS-13 gang members, according to authorities. Their deaths launched Rodriguez’s activism against the gang, bringing her to the White House to meet with President Donald Trump.

State Supreme Court Justice Fernando Camacho, who is presiding over the case, on Friday set a schedule for jury selection, designating Feb. 11 and 13 to conduct prescreening of prospective jurors in order to weed out any who have been influenced by the case’s pretrial publicity. Final selection is scheduled to begin on Feb. 24, and the trial will begin once a panel is sworn.

Drago, a nurse who was fired from her job after her arrest, has pleaded not guilty to the charges and has remained free without bail. Drago is also charged with criminal mischief and petit larceny, in connection with her alleged destruction of the memorial to Rodriguez’s daughter. She faces a maximum of 1 1/3 to 4 years in prison if convicted of the top count. 

“My client, of course, is strongly maintaining that she didn’t do anything intentionally, recklessly or negligently,” said Drago’s defense attorney, Stephen Kunken of Commack, after Friday’s conference. Drago was not in court.

Kunken has said previously that he plans to present at trial evidence of his client’s yearslong treatment for post-traumatic stress disorder and panic disorder, citing her assault at the hands of a psychiatric patient in 2008.

Drago was in a “psychologically fragile state” at the time of her encounter with Rodriguez and was “in fear for her safety,” Kunken said previously.

But prosecutors have said Drago was trying to sell her mother's Brentwood home and was annoyed by the memorial Rodriguez set up in front of the house in honor of Cuevas, which had been constructed ahead of a two-year anniversary remembrance ceremony to be attended by a host of public officials and members of the community.

Drago thought the display — which included cards, candles, photos, balloons and flowers — would discourage homebuyers, so she threw some of it in a garbage can and tossed the rest of it in the back of her Nissan Rogue, prosecutors have said.

A neighbor alerted Rodriguez and she and her partner, Freddy Cuevas, Kayla's dad, rushed to the scene and demanded their property back from Drago and her boyfriend, prosecutors said.

Freddy Cuevas warned Drago, who was driving, that if she moved her car she'd hit Rodriguez, prosecutors have said.

But she accelerated, knocked Rodriguez down and ran over her, prosecutors said. Drago remained at the scene.

Some of the altercation was captured on camera by News 12 Long Island.

Lawyers in the case will be back in court for another conference on Jan. 29.

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.