Suffolk County District Attorney Raymond A. Tierney today announced that Annmarie Drago, 63, of Patchogue, pleaded guilty to Criminally Negligent Homicide, for fatally striking Evelyn Rodriguez, 50, of Brentwood, with her vehicle following a dispute regarding Drago’s removal of a memorial honoring Rodriguez’s daughter, 16-year-old Kayla Cuevas, who was murdered in the area two years prior.
“Evelyn Rodriguez was still mourning the loss of her daughter when this defendant dismantled her daughter’s memorial, and then struck the victim with her vehicle, ultimately causing her death. We hope this plea brings some sense of peace and closure to Ms. Rodriguez’s family, a family that has suffered multiple tragic losses, said District Attorney Tierney. “My office is committed to continue Ms. Rodriguez’s fight to combat the scourge of gang violence, and to make our streets safer for all residents of Suffolk County.”
According to court documents and the defendant’s admissions during her guilty plea allocution, on September 14, 2018, at approximately 3:45 p.m., Drago removed items from a memorial site created by Rodriguez in memory of her daughter, which was on the sidewalk in front of Drago’s home in Brentwood.
The location of the memorial marked the location near where Rodriguez’s daughter, Kayla Cuevas, had been killed by gang violence in 2018. Drago threw out or destroyed many of the memorial items including a large photo board of Kayla, as well as a large floral wreath which she placed in the back of her vehicle.
Rodriguez and her partner were called to the memorial site by media who were present. The media filmed the confrontation when Rodriguez demanded Drago return the items. At approximately 4:15 p.m., while Rodriguez was standing near the front driver’s side tire of Drago’s vehicle, Drago attempted to leave the scene. Drago accelerated her vehicle, knocking Rodriguez down, and then continued to drive over her. Rodriguez suffered multiple injuries including a skull fracture. She was taken to Southside Hospital where she was pronounced dead.
In March 2020, Drago was convicted after a jury trial heard before Acting Supreme Court Justice, the Honorable Fernando M. Camacho, of Criminally Negligent Homicide, a Class E felony, Criminal Mischief in the Fourth Degree, a Class A misdemeanor, and Petit Larceny, a Class A misdemeanor. One year later, in March 2021, Drago was sentenced to nine months in jail. In July 2022, the Appellate Division reversed that conviction, and the case was sent back to Suffolk County Court for a re-trial.
On October 20, 2023, Annmarie Drago was found guilty after a re-trial by a jury heard before Supreme Court Justice, the Honorable Richard Ambro, Petit Larceny, a Class A misdemeanor. She was acquitted of Criminal Mischief in the Fourth Degree, a Class A misdemeanor, charge. A mistrial was declared on the Criminally Negligent Homicide charge and the District Attorney’s Office said it would retry the case.
On May 31, 2024, Drago pleaded guilty before Justice Ambro to Criminally Negligent Homicide and is expected to receive five years of probation. The District Attorney’s Office recommended Drago serve one to three years in prison.
Drago is due back in court for sentencing on August 1, 2024, and she is being represented by Matthew Hereth, Esq.
This case is being prosecuted by Acting Deputy Bureau Chief Laura Newcombe and Assistant District Attorney James McCormack of the Vehicular Crime Bureau, and the investigation was conducted by Detective Stephen Jacobs of the Suffolk County Police Department’s Major Case Squad.
Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.