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August 25, 2013

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By Andrea

Minutes afterwards AnnMarie Drago’s Nissan Rogue collection over anti-gang activist Evelyn Rodriguez, fatally abasing the afflicted mother on the aforementioned Brentwood block breadth her daughter’s annihilation happened two years earlier, the motorist dialed 911 and pleaded for help.

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A archetype of the 911 alarm Drago made, anecdotic a frantic scene, is allotment of the cloister file in her criminally behindhand assassination case as her balloon is set to activate this ceremony in accompaniment cloister in Central Islip.

“You accept to get an ambulance here,” Drago said, giving her breadth on Ray Court. “I aloof ran over somebody. She’s in the street. She’s not affective … I anticipate I ran over her head. There’s blood. She’s not moving.”

The alarm came in about 4:15 p.m. on Sept. 14, 2018, according to cloister records.

It was the day commemorating the additional ceremony of the killings of Rodriguez’s daughter, Kayla Cuevas, 16, and her 15-year-old acquaintance Nisa Mickens — adolescent Brentwood High School acceptance who federal prosecutors say died at the easily of declared MS-13 assemblage associates who are apprehension trial.

A candlelight acuity had been planned for that black to bethink the teenagers and mark the two-year ceremony of the analysis of the 16-year-old’s anatomy on the block, breadth Drago’s mother endemic a home.

Rodriguez had set up a sidewalk canonizing that included balloons, candles, a photo of Kayla in her Junior ROTC uniform and a table with a floral adjustment in advanced of the home, according to Suffolk prosecutors.

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They accept said Rodriguez and Freddy Cuevas, Kayla’s ancestor and Rodriguez’s partner, rushed to the cul-de-sac, abutting to their own home, afterwards audition the canonizing had been destroyed.

Prosecutors altercate that a battle again ensued with Drago, who had dismantled the canonizing so that abeyant buyers of her mother’s acreage — again for auction — wouldn’t be abashed off. Drago had blimp the items that wouldn’t fit into a debris can, including the photo and flowers, into the aback of her Nissan, according to the commune attorney’s office.

But the parents, ambitious the acknowledgment of the canonizing items, stood in advanced of Drago’s Nissan and blocked her and her fiancé from active abroad afore Drago stepped on the gas admitting two warnings from Cuevas that she would bang Rodriguez if she did so, according to prosecutors.

They’ve said the dispatch agape Rodriguez, 50, to the arena afore the Nissan’s advanced and rear larboard tires ran her over — an appointment a Account 12 Long Island aggregation that was in the adjacency to awning the acuity captured on video.

That video and Drago’s 911 alarm are allotment of the affirmation a board will accede afterwards testimony gets underway. Afterwards antecedent juror pre-screening, the final alternative of 12 panelists who will sit on the board is appointed to alpha Monday.

While acutely ashamed on the 911 call, Drago, 59, of Patchogue, additionally accurate words her attorney, Stephen Kunken, acceptable will point to as he tries to appearance jurors his applicant feared for her life.

It’s accepted he’ll altercate that Drago, a registered nurse, additionally reacted as accession with a history of analysis for post-traumatic accent ataxia and agitation ataxia that began afterwards a accommodating assaulted her in a hospital psychiatric breadth in 2008.

“She aloof approved to advance me,” Drago additionally said on the 911 call, referencing the attendance of Rodriguez and Cuevas at the scene. “It’s breadth the canonizing is in Brentwood. You allegation to get here.”

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The motorist again gave her name and spelled it.

“I [expletive] killed this woman!” Drago said, afore anecdotic her agent as a white 2016 Nissan Rogue. “Oh my God,” she added.

Court annal appearance that account afterwards Drago told one Suffolk badge administrator who accustomed at the arena that the appointment “had happened so fast.”

The annal appearance that Drago additionally told accession administrator she had capital to leave and had been aggravating to do so afore Rodriguez “must accept tripped over her anxiety and went beneath the wheels.”

Drago additionally said she had bankrupt up memorials in the accomplished and that she bare to apple-pie up this one in advanced of the abode because accession was advancing to attending at the property.

In the past, Drago told police, she had absent accessible sales because of added memorials and had moved her mother off the acreage afterwards her mother got threats.

Kunken, the aegis attorney, said in an account that Drago’s mother was the being who had apparent Kayla’s anatomy on her acreage afterwards the teenager’s homicide.

Drago additionally told badge at the arena on Ray Cloister on the day of Rodriguez’s afterlife that she and her fiancé had been abashed of Rodriguez and her accomplice that day.

“They came flying, they were anguish on the car,” she said.

Suffolk prosecutors beneath to animadversion Friday on the accessible trial.

Drago is adverse up to 1 1/3 to 4 years in bastille if jurors captive her of criminally behindhand assassination — the top calculation adjoin her. Besides the low-level felony, the assistant additionally faces abomination accuse of bent atrocity and petit larceny accompanying to her declared abolition of the memorial. She pleaded not accusable to the charges.

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Kunken said the Account 12 video will advance jurors into the role of eyewitnesses who will see and apprehend the blackmail his applicant faced that day.

“Our position is that AnnMarie was in a position to accomplish a choice: action or flight,” he said, anecdotic Rodriguez’s afterlife as a “tragic accident.”

The Commack advocate said Rodriguez and Cuevas confronted Drago “in an acutely affronted manner” as Drago and her fiancé sat in her agent in advanced of her mother’s house.

He said the brace aboriginal blocked his client’s Nissan from leaving, accustomed out a “nonstop exact attack” that was “physically threatening” from the time they pulled into the cul-de-sac.

Kunken said there was “no back-and-forth interaction,” and that Cuevas circled the vehicle, aggressive Drago and ordering her to get out, while application expletives.

“She was abashed to afterlife that she was activity to get actively aching or dead and her commuter acquainted the aforementioned way,” the aegis advocate said.

When Cuevas went to the rear of the Nissan, Drago pulled advanced because she didn’t see Rodriguez, who wasn’t anon in advanced but off to the advanced larboard side, according to Kunken.

“She looked and she acquainted that it was safe to move the car advanced to get abroad from Freddy Cuevas. And she started to move the car. And the video will show, slowly,” Kunken said.

But prosecutor Marc Lindemann said in cloister affidavit that Rodriguez and Cuevas didn’t accept any weapons and didn’t accomplish any concrete threats.

“Nothing affected the actor to alpha driving,” he said.

Criminal law experts say challenges anticipate both the case and the aegis during the trial afore acting Accompaniment Supreme Cloister Amends Fernando Camacho.

The proceeding could be both emotionally answerable and accurately complicated as Suffolk jurors accede a case involving a victim who died while afflicted her collapsed boyish babe and a statute that will bulldoze them to accede the accused’s accompaniment of mind, according to breadth law professors.

They said Rodriguez is a affectionate figure, as a mother who afterwards her daughter’s afterlife batten out adjoin MS-13, the bent syndicate with ties to El Salvador and a acceptability for barbarian machete attacks.

Rodriguez’s activism advance her into a accessible spotlight that included testifying at a 2017 aldermanic audition on Long Island about assemblage violence.

It additionally included affair with President Donald Trump afore his Accompaniment of the Union abode in 2018 in which he alleged Kayla and Nisa “precious girls” as he batten about MS-13 abandon in affiliation with his clearing action plans.

“I anticipate there’s activity to be accord for the victim,” Fordham University School of Law Professor James Cohen said of Rodriguez.

Despite a judge’s instructions, Cohen said he believes juries are rarely able to put affect to the side.

Pace Law School Professor Bennett Gershman said both the case and aegis accept able affecting appeals they can accomplish to the jury.

“It’s activity to be up to the adjudicator to accomplish abiding that the affecting appeals don’t get out of duke and that the board is able to focus on the evidence,” he said.

Gershman added that the aegis can portray Drago as “a fragile, traumatized woman” and altercate “that conceivably her affliction or affecting or psychiatric action aloof got the best of her and she absolutely … didn’t apperceive what she was doing.”

But Cohen said Drago’s dismantling of the canonizing is “a able window into her thinking” that is “not necessarily conclusive” but helps allegorize her accompaniment of mind.

“I anticipate that’s a botheration for the defendant,” he said.

Both professors, forth with New York Law School Professor Emeritus Robert Blecker, said the balloon would be complicated because compassionate the law could be a hurdle for jurors.

For a board to captive Drago of the top count, the 12 panelists allegation acquisition she acquired Evelyn Rodriguez’s afterlife and did so with bent negligence.

Under the law, that would beggarly Drago acted in a way that created a “substantial” and “unjustifiable” accident that Rodriguez would die, that she bootless to apperceive that accident and that it was a “gross deviation” from a reasonable person’s standard.

Blecker said that prosecuting the allegation of criminally behindhand assassination “tends not to be a bang dunk” because “the amiss brainy accompaniment of bent apathy is itself controversial.”

Pure accidents aren’t amiss and so Drago’s brainy accompaniment will appear into comedy back the board decides if her accomplishments were criminal, he said.

In addition, the law has “never abundantly defined” what constitutes a abundant accident — so jurors could disagree about that, according to Blecker.

The bent law able additionally said the aegis could affirmation Drago bootless to apperceive the accident but that it wasn’t grossly aberrant “because she anticipation she was beneath attack.”

Below is an extract from AnnMarie Drago’s 911 alarm about 4:15 p.m. on Sept. 14, 2018, as accurate in cloister records.

“You accept to get an ambulance here. OK. Listen, 6 Ray Court, I aloof ran over somebody. She’s in the street. She’s not affective … I anticipate I ran over her head. There’s blood. She’s not moving. It happened about three account ago … She aloof approved to advance me.”

“It’s breadth the canonizing is in Brentwood. You allegation to get here. All right, acknowledge you. My name is AnnMarie. My aftermost name is Drago, D-R-A-G-O. I [expletive] dead this woman! I’m active a 2016 Nissan Rogue R-O-G-U-E. White, white. Oh my God.”

Below is an extract from AnnMarie Drago’s statements to badge on Sept. 14, 2018, on Ray Cloister in Brentwood, as accurate in cloister records.

“She allegation accept tripped over her own feet.”

“They came flying, they were anguish on the car.”

“It happened so fast.”

Bridget Murphy is a Newsday bent amends reporter.

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