RIVERHEAD, Long Island (WABC) -- Annmarie Drago avoided prison time when she was sentenced to probation in a Suffolk County courtroom on Tuesday morning.
She was sentenced to five years probation on the criminally negligent homicide charge and three years probation on petit larceny charge for taking items from the memorial.
Drago fatally struck anti-gang activist Evelyn Rodriguez in 2018 who was run over while she mourned the death of her daughter at the hands of MS-13 gang members.
Her death came exactly two years after the body of her daughter, Kayla Cuevas, was discovered behind a house in Brentwood.
in the ensuing two years, the front of the house - where Drago lived -- had become a permanent memorial. Drago felt she was constantly cleaning it up.
In her first trial in 2020, she was convicted and sentenced to nine months. She appealed, and 16 months later, her conviction was overturned.
In her second trial, in 2023, the jury deadlocked on the homicide charge, although she was convicted of misdemeanor larceny for taking items from the memorial.
As she awaited her next trial in May, she pleaded guilty to criminally negligent homicide.
Prosecutors asked for up to three years in jail, but Judge Richard Ambro previously indicated he would likely sentence her to five years of probation.
Rodriguez's life partner, Freddy Cuevas, and their two surviving daughters were upset at the sentencing.
"It's just sad thing and a sad tragedy that occurred, as far as this matter is considered, and it didn't even have to go down in this matter," Cuevas said. "To know that we didn't get the justice that we were looking for as far as that is considered, as far as her getting probation, that is like a slap the hand."
Cuevas and Rodriguez's 14-year-old daughter Kaitlyn tearfully spoke to Drago in court, saying, "I hope you understand what you did to my family. I will never forgive you."
Drago chose to say nothing.
"She's going to be free and she's going to be living her life, judgement day will come one day and that's not going to be for me to determine as far as that's concerned, just the man above will be able to determine that," Freddy Cuevas said.
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