While the verdict has been handed down in a criminal case
against former San Benito County Sheriff’s Sgt. Michael Rodrigues,
he could be back in court again in the near future for the civil
case related to the shooting death of 29-year-old Israel Guerrero
in June 2007 along Highway 156.
While the verdict has been handed down in a criminal case against former San Benito County Sheriff’s Sgt. Michael Rodrigues, he could be back in court again in the near future for the civil case related to the shooting death of 29-year-old Israel Guerrero in June 2007 along Highway 156.
As for the guilty verdicts on four rape charges, the Guerrero family attorney said they will have a “pretty major” impact in the civil trial. A jury Friday found Rodrigues guilty of raping three women between 1999 and 2006.
“The felony conviction will be admissible at trial to impeach Mr. Rodrigues so that the jury can question his credibility,” said Mike Liberty, the Guerreros’ family attorney in the civil case.
Guerrero was shot and killed on Highway 156 in June 2007 after Rodrigues stopped to check on him. After the ex-deputy suspected he was under the influence of methamphetamine and he also failed to follow instructions, Rodrigues reported the man aggressively approached him, according to sheriff’s reports.
After deploying a TASER on him twice and striking him with a baton, Rodrigues shot him in the stomach, according to reports. He died shortly thereafter, while a forensics report concluded it was caused by a heart attack and the shooting. Investigative reports, however, included a witness statement from Rodrigues’ then-11-year-old daughter, who told investigators she thought her father had shot 29-year-old Israel Guerrero as he ran away. Sheriff Curtis Hill at the time, though, said she was mistaken.
The sheriff and district attorney later ruled it was a legally justified shooting.
Since the suit was filed in January 2008, the Burlingame attorney said there haven’t been many new developments in the civil trial other than the defense filing a motion for dismissal.
“We’re waiting for the court to rule on a motion for summary judgment,” Liberty said. “He’s seeking dismissal on the charges.”
The next court date is at 2 p.m. on Oct. 6 at the Federal Courthouse in San Jose for a trial setting hearing.
According to court documents, the petitioners are seeking a range of compensatory damages as the court deems appropriate.
