Cop pleads guilty to official misconduct

September 26, 2008 2:55:36 PM PDT
A New Rochelle cop accused of rape pleaded guilty to official misconduct Friday. Sergeant David Rodriguez admitted to having sexual relations with the 17-year-old girl while he was off duty.

He also resigned from the police force.

Because of the plea, charges of first-degree rape were dropped, and Rodriguez will receive no jail time.

Visibly absent in court was his wife, WNBC anchor Darlene Rodriguez, who had stood by his side and defended him in previous appearances as he proclaimed his innocence.

After her husband was charged in March, she said, "I'm here to support my husband. I believe in him. I love him. He's innocent 100 percent."

Rodriguez was among officers who arrested the 17-year-old girl's boyfriend on a domestic violence charge on February 8. She claimed he returned later, alone and off-duty, and raped her.

Rodriguez replied "yes" when asked in court if he used his authority to go to the girl's home to have sexual contact with her. His attorney, Stephen Worth, told reporters afterward: "There was never intercourse."

"As we said all along this was never a rape case," said Worth.

Under the plea bargain, Rodriguez was given a one-year conditional discharge, which is similar to probation, and ordered to stay away from the teen for five years.

"Today Mr. Rodriguez did what was best for his family," said Worth, adding that the deal "allows everyone to move on with their lives."