10-26-2023 1:25am

The trial for the death of a mother, whose child was killed by a gang, was declared a mistrial, according to the District Attorney.

Samantha Hespos Editor

Brentwood,NY

Ann Marie Drago tragically struck and killed the mother of a teenager who had been killed by gang members on the day of the teen's memorial service.

On Tuesday, a judge declared a mistrial in Ann Marie Drago's case as the jury couldn't reach a verdict on the top count of criminally negligent homicide in the death of Evelyn Rodriguez, despite four days of deliberation, as reported by multiple sources.

State Supreme Court Justice Richard Ambro stated in the courtroom that he believed the jury, consisting of seven men and five women, was "hopelessly deadlocked" before releasing them from jury service.

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

She was charged for throwing away items from the memorial of Kayla Cuevas, a 16-year-old who was killed by MS-13 gang members in 2016.

Rodriguez, Cuevas' mother, became a gun violence activist in memory of her daughter.

According to reports, Drago removed decorations from Kayla's memorial. News12 reporter Eileen Lehpamer mentioned that the memorial had been dismantled while their news crew was waiting for a live broadcast of the vigil scheduled for 6 p.m. that day, as reported by Newsday.

When Rodriguez and her partner, Freddy Cuevas, confronted her about the incident, News12 footage captured Drago rapidly accelerating her car and hitting Rodriguez with both the front left and rear left tires.

Rodriguez was declared dead at a nearby hospital.

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

During the nearly two-week trial, 14 prosecution witnesses testified, as reported by Newsday. They described various memorials that had been established following the discovery of the bodies of Cuevas and her friend Nisa Mickens, who were tragically murdered by MS-13 gang members. On Friday, the jury found Drago guilty of petty larceny but acquitted her of criminal mischief, according to multiple reports, including ABC.

Suffolk County District Attorney Ray Tierney stated that his team is ready to pursue a retrial of Drago on the charge of negligent homicide.

Tierney expressed deep sorrow over the tragic incident that unfolded at the memorial established by Evelyn Rodriguez in memory of her daughter, Kayla. He lamented that this heart-wrenching event was entirely avoidable, emphasizing the unnecessary loss of life. Despite the sorrow, Tierney also conveyed appreciation for the dedication and diligence exhibited by the jury throughout the case. He underscored the prosecution's readiness to pursue a retrial of the negligent homicide charge, aiming for justice in Kayla's memory. Furthermore, Tierney found solace in the fact that the jury had held Ann Marie Drago accountable for her actions in stealing precious items from Kayla's memorial, thereby validating their commitment to preserving the sanctity of the site.

Here is a full timeline of the case:

2014 - 2016
- Kayla Cuevas and Nisa Mickens endure alleged bullying by MS-13 members.

Early September 2016
- Tensions escalate as Kayla Cuevas and her friends engage in a confrontation with MS-13 members at Brentwood High School.
- Following the altercation, MS-13 members vow retaliation against Kayla.

September 13, 2016
- The day before Nisa Mickens' 16th birthday.
- Tragically, 16-year-old Kayla Cuevas and 15-year-old Nisa Mickens fall victim to a brutal murder at the hands of MS-13 members.
- Nisa Mickens' lifeless body is discovered.

September 14, 2016
- Kayla Cuevas' lifeless body is found in a wooded area near Ray Court, a grim discovery made by Ann Marie Drago's mother in her own backyard.
- Poignantly, this day would have marked Nisa Mickens' 16th birthday, forever shadowed by the tragedy.

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.

September 14, 2018
- A memorial is planned on Ray Court to mark the second anniversary of Kayla Cuevas' tragic death.
- Ann Marie Drago, who happened to be visiting her mother's house on Ray Court, disrupts the memorial by discarding numerous items, including candles, a tablecloth, flower bouquets, and vases, as revealed by Suffolk County District Attorney Tim Sini.
- Drago goes a step further by slashing the balloons decorating the memorial before disposing of them.
- Drago proceeds to steal the remaining memorial items, loading them into her Nissan Rogue. These items include the table, a photograph of Kayla, and a large floral arrangement.
- Drago later testifies that her mother had moved out of the house shortly after discovering Kayla's body, and her real estate agent advised her to remove the items left in memory of Kayla due to difficulties in selling the property.
- Evelyn Rodriguez and Freddy Cuevas, parents of Kayla Cuevas, confront Ann Marie Drago regarding her actions.
- News12 captures footage of the confrontation, where Drago suddenly accelerates her car, striking Evelyn Rodriguez with both the front left and rear left tires.
- Rodriguez is rushed to Southside Hospital in Bay Shore, where she is tragically pronounced dead.

February 2020
- The jury trial commences for Ann Marie Drago.
- A video from News12, showing Drago hitting Rodriguez with her car, is presented as evidence during the trial.

March 11, 2020
- Ann Marie Drago is found guilty by a jury on charges of criminally negligent homicide, fourth-degree criminal mischief, and petty larceny.

March 2021
- Drago is subsequently sentenced to serve nine months in prison.

August 2022

- Drago's case is slated for a retrial, following an appellate court's decision to overturn her previous verdict.
- On October 24, 2023, State Supreme Court Justice Richard Ambro officially declares a mistrial, as reported by Newsday.