DEPUTY CHARGED WITH ASSAULT IN 1996 SHOOTING : OFFICER SAID TO HAVE FALSIFIED REPORT.Byline: Bhavna Mistry Daily News Staff Writer A sheriff's deputy who shot at a group of teen-agers he said attacked him and tried to steal his vehicle has been charged with assault with a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. and filing a false report, officials said Wednesday. Prosecutors said Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. County sheriff's Deputy Bobby Rodriguez - off-duty and in civilian clothes - chased down a group of taggers and shot at them Aug. 31, then made up a story about being attacked by gang members trying to carjack car·jack or car-jack tr.v. car·jacked, car·jack·ing, car·jacks To commit forcible theft of (a vehicle) from its users. [car + (hi)jack. him. ``Our information contradicts what was said in the initial report,'' said Deputy District Attorney Bill Seki. ``If the initial report was true we wouldn't be investigating. . . . Much of the initial story has changed.'' A nine-year department veteran, the 33-year-old Rodriguez was relieved of duty with pay March 19, the day he was charged in a sealed indictment that was not made public until his arraignment A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted Wednesday. He had been on administrative duty for several months previously. Rodriguez pleaded not guilty in Los Angeles Superior Court to eight felonies and one misdemeanor: three counts of assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. ; two counts of discharge of a firearm with gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or ; two counts of shooting from a vehicle; one count of a peace officer filing a false report of a criminal offense, and one misdemeanor count of making false report of a criminal offense. Officials said that Rodriguez also faces special allegations of using a firearm in a crime. An attorney for Rodriguez declined to comment Wednesday. ``We haven't received any evidence,'' said attorney Vicki Poderesky. ``So far we've only received the charge papers.'' In their initial public account of the shooting, sheriff's officials said Rodriguez was off-duty and driving near Avenue J and 30th Street West about 12:30 a.m. Aug. 31 when he saw seven teen-agers spray-painting a constructions site. As he attempted to drive away, Rodriguez said, the group chased him in a pickup truck, ran him off the road and came after him with rocks, a bat and a club, while threatening to take his Chevrolet Suburban This article is about a type of vehicle. For other uses, see Suburb. The Chevrolet Suburban is a large sport utility vehicle from Chevrolet. It is one of the longest-lived automobile nameplates in the United States, dating from 1935 and is likely to be produced . Rodriguez said he identified himself as a sheriff's deputy and fired three warning shots The firing of shots or delivery of ordnance by personnel or weapons systems in the vicinity of a person, vessel, or aircraft as a signal to immediately cease activity. Warning shots are one measure to convince a potentially hostile force to withdraw or cease its threatening actions. out the driver's window as the group continued its attack on him. Officials said that the teen-agers then fled as the deputy wrote down their truck's license plate. Sheriff's officials initially said a 16-year-old girl was grazed graze 1 v. grazed, graz·ing, graz·es v.intr. 1. To feed on growing grasses and herbage. 2. Informal a. To eat a variety of appetizers as a full meal. by a bullet, but district attorney's officials on Wednesday would neither confirm nor deny that report, adding that no one was seriously hurt. An 18-year-old man identified as the truck's driver was arrested that night. Rodriguez surrendered Wednesday in Los Angeles Superior Court and was released on $50,000 bail. A hearing is scheduled for April 16 on a defense motion to move the case to Lancaster for trial. |
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