Deputy Who Killed Suspect Using `Cowboy Tactics' Sentenced to Year in Jail

INDIO (CNS) - An ex-Riverside County sheriff's deputy who tried to
arrest, but then killed, a man over conflicts stemming from their attachments
to the same woman was sentenced Tuesday to a year in jail and 10 years' felony
probation.
  

An Indio jury in June convicted Oscar Rodriguez, 44, 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.
  

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.
  

Despite prosecutors' objections, Sterling handed down a sentence of 10
years in state prison, which he immediately suspended in favor of the 365-
day jail term and 10 years' formal probation, sparing Rodriguez from serving
any time in state prison.
  

The defendant 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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