Defense testimony begins in trial of ex-deputy accused of murdering man

INDIO, Calif. (KESQ) - Defense testimony is slated to last all next week in the trial of 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.

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.

The prosecution rested its case in the three-week trial on Thursday, after which the defense summoned its first witness, who testified before Riverside County Superior Court Judge Otis Sterling sent jurors home for the weekend. The defense is scheduled to summon additional witnesses throughout the coming week, after which the prosecution is expected to proceed with rebuttal testimony at the Larson Justice Center in Indio.   

Rodriguez is free on a $1 million bond.   

At the time of the fatal 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 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 said.

The prosecutor recalled in his opening statement to the jury last month how Rodriguez dated Perez throughout 2013, taking a personal interest in her ongoing conflicts with Morin.

Silva 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 said. ``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 the vehicle 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 hurt.

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," 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.   

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.