Prosecutor: Former deputy was reckless in deadly arrest of girlfriend’s ex-lover

INDIO, Calif. (KESQ) - An ex-Riverside County sheriff's deputy accused of gunning down a man with whom he was at odds because the victim had been involved with the lawman's then-girlfriend defied all professional boundaries when trying to take the man into custody on a warrant, prosecutors said today, while the defense argued the shooting stemmed from the deputy's belief his life was in peril.   

Oscar Rodriguez, 44, is charged with first-degree murder and sentence-enhancing gun and great bodily injury allegations for the 2014 slaying of 39-year-old Luis Carlos Morin of Coachella.   

At the time, Rodriguez 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 and other deputies responded to 911 calls from her complaining about Morin, whom she didn't want around her home. Morin had active warrants for his arrest.

"Things went from professional to unprofessional,'' Deputy District Attorney Jacob Silva told jurors in his opening statement at the Larson Justice Center Thursday.

The prosecutor recalled how Rodriguez dated Perez throughout 2013, taking a personal interest in her ongoing conflicts with Morin. On Aug. 2, 2013, a text exchange between the deputy and Perez confirmed where Morin was staying. Silva said Perez was known to law enforcement as a runner, routinely trying to elude capture.   

Without telling his partner or supervisor how he had come by the information, the defendant advised them where they could find Morin that summer day, culminating in a chase that led to Morin's capture atop a roof where he attempted to hide from his pursuers, according to the prosecution.

Morin bailed out of jail and went back to communicating with Perez.

Additional warrants were issued for his arrest, stemming from unspecified felony offenses, and Perez kept Rodriguez apprised of the wanted man's activities, Silva said.  

He alleged Rodriguez decided to act independently, ignoring law enforcement protocols, in apprehending Morin. On the night of Jan. 27, 2014, the defendant learned that 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. Silva alleged Rodriguez went to the neighborhood alone in a patrol unit, parking out of sight and placing Maria Gomez's house under surveillance.

"He refused to follow the laws and procedures put in place," the prosecutor told jurors. ``He ignored all of his training. He consciously disregarded all those procedures and directives."

At 9:40 p.m., Morin and his mother arrived at the residence, and the suspect got out of the car to direct Gomez as she backed her car into a tight parking space. Silva said Rodriguez stealthily approached Morin, but the suspect was alerted and tried to bolt, at which point the deputy swept the man's legs to stop him, causing both of them to fall down, Rodriguez landing on his back.

Gomez was heard shouting, ``Don't do it!'' according to the defense.   

Rodriguez's attorney, Mark Frederick, told jurors his client inferred the statement signaled Morin was about to attack him, and he opened fire in fear of his life.

Morin, who was not armed, was fatally wounded in the left side of his chest and died at the scene. Rodriguez suffered a bruise on his back, but otherwise wasn't injured.

Frederick characterized his client as ``shaken and ... scared'' by the encounter, which was not captured on video because not all deputies had been issued body-worn cameras at the time.

The attorney said Morin, whom he referred to as a ``career criminal who always ran from the police,'' was angry about the relationship between his ex-girlfriend and Rodriguez. Frederick said 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 investigation that ensued following Morin's death stretched several years, culminating in a grand jury indictment in 2017.   

Frederick sought to have transcripts of the proceedings suppressed, expressing concerns about the potential for his client to face adverse publicity, making a fair trial impossible. He complained in 2018 about statements by District Attorney Mike Hestrin, saying the county's top prosecutor had ``convicted Mr. Rodriguez in the press'' by painting him as a "rogue deputy ... taking care of personal things'' on the night of the shooting.

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 was dismissed in April.