Grand jury indicts former deputy on alleged rape and abuse
charges
Michael Rodrigues, a former deputy for the San Benito County
Sheriff’s department, is now facing eight felony charges, including
multiple rape counts, in a case that’s taken a series of
increasingly bizarre turns.
Grand jury indicts former deputy on alleged rape and abuse charges
Michael Rodrigues, a former deputy for the San Benito County Sheriff’s department, is now facing eight felony charges, including multiple rape counts, in a case that’s taken a series of increasingly bizarre turns.
After a criminal grand jury ordered Rodrigues arrested, the department veteran initially could not be located. He turned himself in on Saturday. A regional Latino civil rights organization intervened, and other organizations may be entering the scene as well, according to the widow of the man whose death in custody earlier this year began this strange drama.
On June 10, Rodrigues shot Israel Guerrero, who was unarmed at the time, according to documents from the sheriff’s department.
Rodrigues’ attorney Michael Pekin did not return mutiple calls for comment by press time.
With near toxic levels of drugs in his system, Guerrero was shocked twice with Tasers, hit with a baton, shot, and, after being handcuffed, sprayed with pepper spray, according to documents from the sheriff’s department.
The charges issued last week against Rodrigues also should have included murder, alleges Ivonne Guerrero, widow of Israel Guerrero.
“Regardless of what he did in his past, he didn’t deserve to die like that,” Ivonne Guerrero said.
Guerrero had a heart attack at the scene, according to the autopsy report.
The cause of death was “excited delirium” from the cocaine and methamphetamine intoxication, according to the autopsy report. The gunshot wound, Taser, pepper spray and struggles with law enforcement and medical personnel were contributing factors, according to documents from the sheriff’s department.
On Dec. 10 the grand jury was convened, according to documents from the San Benito Superior Court. The following day the Grand Jury indicted Rodrigues on eight felony counts.
On Dec. 13, a judge signed the warrant for Rodrigues’ arrest. Rodrigues failed to appear for two days, according to the documents. On Dec. 15, Rodrigues turned himself into the San Benito County Jail and posted the $300,000 bail, according to documents from the San Benito County Jail.
He faces three counts of rape, two counts of penetration by foreign objects, and one count of attempted rape, spousal rape and domestic violence, according to the blotter sheet at the county jail.
“What about Israel?” Ivonne Guerrero said. “Did they forget about him, because I haven’t and I’m not going to.”
Ivonne Guerrero will contact the attorney general regarding her husband’s death.
“We’re still going to go ahead regardless of whether they find [Rodrigues] guilty of the rapes or the other charges,” she said.
Crecencio Padilla, is a criminal justice representative for district 12 of the League of United Latin American Citizens (LULAC). District 12 represents San Benito, Monterey and Santa Cruz Counties. He was an investigator for the public defender’s office for 24 years.
On Dec. 7, Padilla, sent a letter to the San Benito grand jury on behalf of Ivonne Guerrero. In the letter, he requested that the grand jury investigate the shooting of Israel Guerrero.
“It was weird that the grand jury convened after we sent the letter and then didn’t indict him with the shooting,” Padilla said. “We are going to give the grand jury time to respond and move forward with it if we have to.”
The rape allegations are important, but their main objective was for the grand jury to indict Rodrigues for the shooting of Israel Guerrero, Padilla said. Padilla requested that the grand jury investigate the incident because an investigation by Sheriff Curtis Hill, and a subsequent investigation by District Attorney Candace Hooper, cleared Rodriguez of any wrongdoing, Padilla said.
In the letter, Padilla requested the grand jury contact the attorney general, not Hooper, for help with the investigation. District Attorney Candace Hooper is part of the problem, Padilla said.
When asked about the allegation that she is part of the problem, Hooper said, “I have nothing to say to that. They are entitled to whatever opinion they have.”
Hooper should have released a report of her findings when her investigation cleared Rodriguez of any wrongdoing, Padilla said. It is a common practice in Monterey County, he said.
“They never find anything wrong, but at least it says the reasons why,” Padilla said.
Ivonne Guerrero also wonders why Hooper never released a report.
“She didn’t even give me a piece of paper,” Guerrero said. “All I got from her was a call from her private investigator. And that’s why I told LULAC to help me get the grand jury.”
When the local law enforcement offices cleared Rodrigues of the shooting, Ivonne Guerrero felt that she had to do something.
“See, they thought I was just Mexican, was not going to do nothing, no one was going to help me,” Guerrero said. “I’m not that person.”
The letter cites seven reasons why the grand jury should investigate the shooting.
It alleges that Rodriguez used his weapon recklessly because he was not in imminent danger when he shot Israel Guerrero and that he used his weapon on an unarmed man on May 22, 2001.
“There are a lot of questions that need to be answered,” Padilla said.
Ivonne Guerrero wants to be able to tell her children what really happened to their father, she said.
“Every single day they do something new,” Guerrero said, “and he’s not here to see that. I’ll get my day in court when I can defend Israel. I’ll get justice.”
