Prosecutor: Deputy behaved like cowboy, had ‘no right’ to take suspect’s life

INDIO, Calif. (KESQ) - An ex-Riverside County sheriff's deputy who fatally shot a wanted man in what he contended was self-defense behaved like a "cowboy," unjustifiably creating a lethal situation, a prosecutor said today, while the defendant's attorney argued the shooting was unavoidable under the circumstances.   

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

"Mr. Rodriguez is a liar and a deceitful person,'' Deputy District Attorney Jennifer Garcia told jurors in her closing statement at the Larson Justice Center Tuesday. "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 told the jury.

She recalled how the defendant and Perez were regularly together from early March to early December 2013, reflected by 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 and protocols.

Rodriguez decided to act independently in apprehending Morin. 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 Coachella.

The prosecution alleged Rodriguez went to the neighborhood alone in a patrol unit, without informing his supervisors, parking out of sight and placing Maria Gomez's house under surveillance.

At 9:40 p.m., Morin and his mother arrived home, and the suspect got out to direct Gomez as she backed her vehicle into a tight parking space. The prosecution said Rodriguez sneaked up behind 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!'' Rodriguez then pulled his sidearm and opened fire, fatally wounding Morin in the chest. An autopsy also confirmed bruises to his neck and left hip. The defendant wasn't hurt.   

"Mr. Rodriguez had no right to self-defense,'' Garcia told jurors. "He created this situation."

She alleged the defendant then fabricated a story, engaging in "lies and cover-ups'' that included deleting evidence from electronic devices.

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 that Rodriguez was an experienced peace officer "known to make felony arrests.''   

Morin was notorious for fleeing from law enforcement officers, so Rodriguez did not want to take any chances by giving the man an opportunity to run, according to Frederick.

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. At the start of the monthlong trial, Frederick 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 investigation that ensued 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.   

Jurors are slated to begin deliberations Wednesday morning.   

Rodriguez is free on a $1 million bond.