After a "bizarre series of events," Freddy Rodriguez was charged with manslaughter in the second degree, two counts of assault in the second degree, vehicular manslaughter in the second degree, two counts of vehicular assault in the second degree, and two counts of operating a motor vehicle while under the influence of alcohol.
Francisco Rios reportedly double-parked his truck with the keys still in the ignition and an allegedly intoxicated Rodriguez climbed into the vehicle which then rolled down a hill, striking several cars and seriously injuring two pedestrians and killing a third.
While prosecutors argued that Rodriguez entered the truck in order to play a practical joke on Rios, Rodriguez claimed that he was attempting to intervene by jumping into the vehicle after he saw it in motion.
Although he wanted the jury to consider a "justification" or "choice-of-evils" defense--which excuses conduct made necessary to prevent public or private injury--the Supreme Court denied that request.
And even though the Appellate Division, First Department, sided with Rodriguez, our state's highest court, the New York State Court of Appeals, was of the view that since he had caused the truck to move, the "choice-of-evils" defense didn't apply.
That was certainly moving.
To view a copy of the Court of Appeals's decision, please use this link: People v. Rodriguez