City News Service
INDIO, Calif. (KESQ) – Ex-Riverside County Sheriff’s Deputy Oscar Rodriguez, 44, received probation after being convicted of manslaughter in the 2014 shooting of a romantic rival.
Despite prosecutors’ objections, the judge sentenced Rodriguez to one year in county jail, with 194 days subtracted for time served, sparing Rodriguez from serving any time in state prison.
He was also sentenced to 10 years probation.
Family members of the victim, Luis Morin, urged the court to find the maximum punishment for Rodriguez: 21 years in prison.
Five of Morin’s relatives – including his youngest daughter, Eliana Morin – provided testimony before the judge read the sentencing decision to the outrage of Morin’s family.
Many walked out of the room after the decision was read, with some calling the proceedings “a joke.”
Outside of the courtroom, News Channel 3 crews caught up with Eliana. She said, “The system works in so many different ways that you really don’t know what you’re going to get. You don’t know. You know, so many people are capable of so many things, and so many people get away with a lot of things, too.”
Prosecturors also voiced their objection to the sentence.
“The People vehemently disagree with the recommendation from the probation department and the court’s decision,” said Chief Deputy District Attorney Jennifer Garcia. “This sentence minimizes the gravity of Rodriguez’s actions and the devastating impact on Mr. Morin’s family, while also disregarding the significant effort the jury devoted to reaching a just verdict. We firmly believe a stronger sentence was warranted to reflect the seriousness of this crime and to hold the defendant fully accountable.”
Rodriguez was convicted of voluntary manslaughter and a sentence-enhancing gun use allegation for the 2014 slaying of 39-year-old Luis Carlos Morin of Coachella. Jurors acquitted Rodriguez of first-degree murder.
“It’s not an easy job, especially when you have a courtroom full of people who are going to be unhappy,” said Rodriguez’s defense attorney, Mark Fredrick. “[Rodriguez’s] position was all along that his life was in danger. The jury’s finding supported that, so that was liberating for him in a sense.”
During Tuesday’s hearing at the Larson Justice Center in Indio, Superior Court Judge Otis Sterling heard victim impact statements, as well as arguments from the prosecution and defense, regarding the most appropriate sentence for the shooting.
Rodriguez was eligible for a maximum sentence of 21 years behind bars.
“Mr. Rodriguez is a liar and a deceitful person,” Deputy District Attorney Jennifer Garcia told jurors in her closing statement in June. “He employed cowboy tactics.”
At the time of the shooting, the defendant was romantically involved with Diana Perez, the mother of Morin’s two children. She and the then-deputy originally met in the winter of 2013, when he responded to 911 calls from her complaining about Morin, whom she didn’t want around her home because he had a criminal past and active warrants connected to alleged auto theft and narcotics sales.
“Diana had the motive, and Rodriguez had the ability,” Garcia said.
She recalled how the defendant and Perez were regularly together from early March to early December 2013, reflected in the numerous credit card receipts for one-night stays at a Motel 6.
“He was taking advantage of her for sex,” the prosecutor said.
Rodriguez became emotionally involved in the woman’s ongoing conflicts with Morin, developing animosity toward the victim, Garcia said, adding it culminated in “reckless” behavior that caused him to ignore all of his training.
Rodriguez decided to act independently in apprehending Morin, prosecutors said. On the night of Jan. 27, 2014, the defendant learned the suspect had joined family members for a birthday celebration in Palm Desert and would be returning to his mother’s home in the 48-800 block of Camino Real in Coachella.
The prosecution said Rodriguez went to the neighborhood alone in a patrol unit, without informing his superiors, parking out of sight and placing Maria Gomez’s house under surveillance.
At 9:40 p.m., Morin and his mother arrived, and the suspect got out to direct Gomez as she backed her vehicle into a tight space. The prosecution said Rodriguez sneaked up behind Morin, but he tried to bolt, at which point the deputy swept his legs, causing both of them to fall down, Rodriguez landing on his back.
Gomez was heard shouting, “Don’t do it!” Rodriguez then pulled his gun and opened fire, fatally wounding Morin in the chest. The defendant wasn’t hurt.
“Mr. Rodriguez had no right to self-defense,” Garcia told jurors. “He created this situation.”
Defense attorney Mark Frederick asked jurors to remember his client’s own testimony, in which he asserted, “I feared he was going to use a weapon,” prompting him to shoot to protect himself.
“(Pepper) spray and a baton were not feasible at an arm’s-length struggle,” Frederick said.
He reminded jurors Rodriguez was an experienced peace officer “known to make felony arrests.”
Morin was notorious for fleeing from law enforcement, so Rodriguez didn’t want to take any chances by giving the man an opportunity to run, Frederick said.
He questioned the reliability of Morin’s mother’s testimony, saying she was unclear about the position of her son’s hands during the botched arrest.
The attorney referred to Morin as a “career criminal,” angry about the relationship between his ex-girlfriend and Rodriguez. He noted that several months before the deadly shooting, Perez received a message from Morin, stating, “Cop lover … Tell him to bring his A-game, because no matter what he does, he’s going to lose.”
The ensuing investigation culminated in a grand jury indictment in 2017.
Morin’s family sued the sheriff’s department and county for wrongful death, netting a $7 million payout.
Perez was indicted along with Rodriguez, charged as being an accessory to a felony. However, the charge against her was dismissed in April.
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