LONG ISLAND (WABC) -- A judge on Long Island has declared a mistrial for a driver accused of hitting and killing a murder victim's mother, as that mother was setting up a memorial for her dead daughter.
State Supreme Court Justice Richard Ambro declared a mistrial after the jury hearing the case against Ann Marie Drago was deadlocked on a charge of criminally negligent homicide.
This was the most serious charge she faced.
Drago was accused of striking Evelyn Rodriguez with her car five years ago after the two women got into a confrontation in the street in Brentwood.
On Friday, the jury convicted Drago of petty larceny but acquitted her of criminal mischief.
Rodriguez became a nationally recognized anti-gang activist after her daughter was killed by MS-13.
Suffolk County District Attorney Raymond Tierney released a statement following the new developments.
"The death of Evelyn Rodriguez at the memorial she set up for her daughter Kayla was a tragedy. It did not have to happen. We respect the work the jury put into this case. We stand prepared to retry the negligent homicide charge and are gratified that the jury found Ann Marie Drago responsible for stealing items from Kayla's memorial," Tierney said in the statement.
This story will be updated as more information becomes available.