Mistrial Declared In Death Of Mom Whose Child Was Killed By Gang: DA

BRENTWOOD, NY — A judge declared a mistrial in the case of Ann Marie Drago on Tuesday, after the jury failed to reach a verdict on the top count of criminally negligent homicide in the death of Evelyn Rodriguez following four days of deliberation, multiple reports said.

State Supreme Court Justice Richard Ambro told the courtroom he believed the jury of seven men and five women was "hopelessly deadlocked" before he released them from jury service.

In March 2020, Drago was convicted of criminally negligent homicide, fourth-degree criminal mischief and petty larceny by a jury.

She was charged after authorities aid she threw out items from the memorial service of Kayla Cuevas, 16, who was brutally murdered by MS-13 in 2016.

Cuevas' mother, Rodriguez, was an activist against gun-violence in honor of her daughter.

After Drago reportedly took down Kayla’s memorial decorations, News12 reporter Eileen Lehpamer, said the memorial had been taken down as the news crew awaited the vigil, which the network planned to broadcast live at 6 p.m. that day, Newsday reported.

When Rodriguez and partner Freddy Cuevas confront her about the act, News12 footage captured Drago abruptly accelerating her car, striking Rodriguez with the front left tire and rear left tire.

Rodriguez was pronounced dead at a local hospital.

In August 2022, Drago's verdict was overturned by an appellate court.

The nearly two-week trial featured testimony from 14 prosecution witnesses, Newsday reported. Many of them told the jury about memorials that had been set up in the time since the bodies of Cuevas and her friend Nisa Mickens, 15, murdered together by MS-13 gang members, were discovered.

On Friday, the jury convicted Drago of petty larceny but acquitted her of criminal mischief, according to reports, including ABC.

In a statement, Suffolk County District Attorney Ray Tierney said his team is prepared to re-try Drago on the negligent homicide charge.

"The death of Evelyn Rodriguez at the memorial she set up for her daughter Kayla was a tragedy. It did not have to happen. We respect the work the jury put into this case," said Tierney. "We stand prepared to retry the negligent homicide charge and are gratified that the jury found Ann Marie Drago responsible for stealing items from Kayla’s memorial."

Here is a full timeline of the case:

2014 to 2016

• Kayla Cuevas and Nisa Mickens are allegedly bullied by MS-13 members.

Early September 2016

• Disputes escalated when Cuevas and several friends were involved in an altercation with MS-13 members at Brentwood High School. After that incident, the MS-13 members vowed to seek revenge against Kayla, prosecutors said.

Sept. 13, 2016

• The day before Nisa Micken's 16th birthday.
• 16-year-old Kayla Cuevas and 15-year-old Nisa Mickens are brutally murdered by MS-13 members.
• Nisa Micken’s body is found.

Sept. 14, 2016

• Kayla Cueva's’s body is found in a wooded area near Ray Court by Ann Marie Drago's mother in her backyard, Newsday said.
• The day would have been Nisa Micken's 16th birthday.

January 30, 2018

• The parents of the two girls, Evelyn Rodriguez, Freddy Cuevas, Elizabeth Alvarado, and Robert Mickens, attend President Donald Trump's State of the Union address.

Sept. 14, 2018

• A memorial was set to take place on Ray Court to honor the second anniversary of Kayla Cuevas' death.
• Ann Marie Drago, who was visiting her mother's house on Ray Court, throws several items from the memorial in the garbage, including candles, a tablecloth, flower bouquets and vases, Suffolk County District Attorney Tim Sini said at the time. She also slashes the balloons placed at the memorial before throwing them in the garbage.
• Drago also steals the rest of the memorial items and placed them in the back of her Nissan Rogue, including the table, the photograph of Kayla and the large floral arrangement, Sini said.
• Drago later testified that her mother had moved out of the house shortly after finding Kayla’s body, and her real estate agent told her to clean what people would leave in honor of Kayla, Newsday said. She said realtors had struggled to sell the house.
• Eveyln Rodriguez and Freddy Cuevas, Kayla Cuevas’ parents, confront Ann Marie Drago about the act.
• News12 footage captures the confrontation and Drago abruptly accelerating her car, striking Rodriguez with the front left tire and rear left tire.
• Rodriguez was taken to Southside Hospital in Bay Shore, where she was pronounced dead.

February 2020

• Jury trial begins for Drago.
• A News12 video capturing Drago hitting Rodriguez is played at trial as evidence, News12 said.

March 11, 2020

• Drago is convicted on charges of criminally negligent homicide, fourth-degree criminal mischief and petty larceny by a jury.

March 2021

• Drago is sentenced to nine months in prison.

August 2022

• Drago’s case announced to be retried, after an appellate court overturns her verdict.

Oct. 24, 2023

• State Supreme Court Justice Richard Ambro declares a mistrial, Newsday said.