A preliminary hearing Monday for former sheriff’s Sgt. Mike
Rodrigues resulted in decisions by Judge Harry Tobias that rape and
weapons charges will be bound over for trial and that the next
phase of the case is set for Jan. 27, while an ammunition
possession count was reduced from a felony to a misdemeanor
accusation.
HOLLISTER
A preliminary hearing Monday for former sheriff’s Sgt. Mike Rodrigues resulted in decisions by Judge Harry Tobias that rape and weapons charges will be bound over for trial and that the next phase of the case is set for Jan. 27, while an ammunition possession count was reduced from a felony to a misdemeanor accusation.
Rodrigues in December was indicted by a grand jury alleging three counts of forcible rape, two counts of unlawful sexual penetration and one count each of spousal rape, attempted rape and domestic violence. Authorities in September charged him with an additional rape count, along with felony charges for weapons and ammunition possession and misdemeanor violations of restraining orders.
As of now, the weapons, ammunition and restraining order violation charges will be kept separate from the accusations of four rape counts.
“We were pleased the earlier felony charge regarding the ammunition was reduced to a misdemeanor granting my motion,” said Art Cantu, the defense attorney. “There was a binding order (on the fresh rape case) even though Sgt. Keylon (of sheriff’s office) testified that the victim told him that she was in love with my client and had a long and intimate relationship with him.”
At today’s hearing, special agents from the state’s bureau of firearms testified, the attorneys said. Both attorneys explained that the agents were performing their job, which is to check that people who are not allowed to possess guns, but are known to own them, have disposed of them properly.
“Weapons were found in his father’s safe,” said Palacios. “Agents accompanied Rodrigues to the home, and he started to open the safe, but then stopped and said he didn’t have the combo.”
Palacios added that the agents got the combination over the phone from Rodrigues’ father, opened the safe and found firearm belonging to Rodrigues.
Cantu, however, maintains his client did nothing incorrectly regarding the weapon.
“The officers knew exactly what happened to that gun,” Cantu said. “When the restraining order was first served, Mike gave it to someone else who put it in a safe for which the defendant did not know the combination.”
A version of this story first appeared on www.freelancenews.com at 1:50 p.m. Monday.
