Prosecutors Blast Soft Sentence For Ex RivCo Deputy Convicted Of Killing

INDIO, CA — Riverside County prosecutors and a victim's family expressed immense dissatisfaction Tuesday after a judge granted probation for an ex-sheriff's deputy convicted of killing 39-year-old Luis Carlos Morin.

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 sentence for 44-year-old Oscar Rodriguez.

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.

He received 194 days of jail custody credit for time already served. The Riverside County District Attorney’s Office recommended a mid-term sentence of 10 years in state prison.

"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."

An Indio jury in June convicted Rodriguez of voluntary manslaughter and a sentence-enhancing gun use allegation for the 2014 slaying of Morin of Coachella. Jurors acquitted Rodriguez of first-degree murder.

"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.

—City News Service contributed to this report.