A judge has ruled that ammunition charges against former
sheriff’s Sgt. Mike Rodrigues will stand and that those
allegations, along with other charges including a new rape
allegation, are set for a preliminary hearing Dec. 8.
HOLLISTER
A judge has ruled that ammunition charges against former sheriff’s Sgt. Mike Rodrigues will stand and that those allegations, along with other charges including a new rape allegation, are set for a preliminary hearing Dec. 8.
As of now, the weapons, ammunition and restraining order violation charges will be kept separate from the accusations of four rape counts.
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.
“We are moving forward as quickly as we can,” Deputy District Attorney Patrick Palacios told the Free Lance, “but the defense has to make sure they take advantage of every constitutional right, and the court has to be considerate of that.”
One of the constitutional rights sought by Defense Attorney Art Cantu was a demurrer filing for the charge of illegal possession of ammunition. A demurrer is filed when an accusation is admitted to be factual, yet it’s claimed there’s no reason for legal action. In this case Cantu filed the demurrer claiming his client’s ammo possession was not a threat to anyone.
“He had a couple of bullets rolling around in the back of his vehicle,” Cantu told the Free Lance in October. “I guess they thought he might throw them at someone.”
Judge Harry Tobias, however, overruled the demurrer, and the weapons charge will move forward.
The preliminary hearing set for Dec. 8 will clear the way for the fresh charges of rape to be “consolidated” with the existing charges, said Palacios.
“We haven’t made that determination, but I believe that is the plan,” he continued, adding that the weapons, ammo and restraining orders charges would be kept separate from the more serious charges, but that they also were set for a preliminary hearing on the Dec. 8.
