New: Family responds to D.A. decision not to charge Moore officers connected to Warren Theatre death

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UPDATE: 6/27/14- The family of the man who died while in police custody releases a statement after the District Attorney decides not to file any charges in the case. Here is the full statement.

"The family and estate for Luis Rodriguez are deeply grieved by the
decision of Greg Mashburn and the District Attorney’s Office of Cleveland County
Oklahoma to not pursue criminal charges against the police officers involved in the
incident that ultimately led to the untimely death of the beloved Luis Rodriguez. This
mistake adds additional sadness to this senseless tragedy and loss.

Luis Rodriguez was a beloved husband, father, brother, and friend. But he was also a
hard working, taxpaying citizen of Cleveland County, OK, which entitles him and his
family to full rights and justice under the law. Despite the attempts by the Moore Police
Department and the Cleveland County District Attorney’s office to indicate otherwise,
Luis was a kind and gentle soul. He had never gotten into any trouble in his life and
those who knew him, loved him. Without a full criminal investigation and trial, the family
is left to grieve without justice for their loved one and without closure for themselves.
It is important to remember that the officers who ultimately assaulted Luis and murdered
him did so without any reasonable basis. He had not done anything wrong. He had not
committed any crime. Instead, the officers injected themselves into a parenting
situation that was completely under control and to which Luis was simply a
bystander. In Oklahoma, there is no obligation to provide your identification to
police. Therefore, the officers’ decision to assault and eventually kill Luis for failing to
provide his identification is both alarming and criminal.

District Attorney Mashburn’s decision to not even charge the individuals responsible not
only dishonors the deceased and his family, but also greatly undermines the principles
of safety and welfare for the community he has sworn to protect. In a healthy society,
everyone must stand accountable to the laws of the land regardless of profession,
notoriety, and access to those in power. No one should be allowed to perpetrate harm,
violence, or abuse on another individual irrespective of their affiliation with a
governmental entity: thus is the very definition of the freedom from tyranny.
While they are deeply grieved by their loss and dumbfounded by the lack of
prosecution, the family is not bitter and they will not become jaded.

The Rodriguez
family stands by their fundamental and heartfelt belief in justice and the law of the land.
They absolutely honor and respect law enforcement, government officials, and the laws
of the great state of Oklahoma. They well know that law enforcement, and the Moore
Police Department in particular, is established and typically effective in the protection of
citizens within their jurisdictions. In this case, and many other life situations, the conduct
of few can not disgrace or denigrate the whole institution.

It is the sincere hope of the Rodriguez family that the Cleveland County District
Attorney’s Office reconsiders the overhasty decision to not press forward with criminal
investigation. Moreover the family would like an opportunity to meet with officials in
order to hear and receive the information used to come to the conclusion that further
prosecution would be unnecessary, as no one in the family was ever interviewed or
questioned by any representative of Cleveland County. Again the opportunity to meet
would be expedient.

Finally, the Rodriguez family wants the same honor and respect that should be afforded
to every American citizen; that very principle that makes our country different than any
other –equal protection under the law. They want nothing more and will accept nothing


6/20/14 MOORE, Okla. - The Cleveland County District Attorney’s office announced that it has decided to not file charges against any of the officers involved in the death of Luis Rodriguez.

Luis Rodriquez died following an altercation in February outside the Warren Theater in Moore.

His widow has always claimed police used excessive force.

Moore police released video never before seen by the public.

The video shows police performing a series of knee strikes to Rodriquez before being handcuffed.

The DA ruled the video does not show a crime being committed.

The victim's family disagrees.

GRAPHIC: Watch raw video of arrest released after man dies in Moore police custody.

"You know what happened on the footage. They killed my husband," said Nair Rodriquez.

A report by the Cleveland County district attorney describes the video differently.

The letter calls the knee strikes "an appropriate law enforcement technique... that in no way contributed to his death."

The DA ruled, "Mr. Rodriquez was not beaten to death."

"After a thorough review of the evidence video and witnesses, the use of force was justified and appropriate," said Jeremy Lewis with the Moore police department.

Previously released cell phone video shows Rodriquez being held down by officers after he failed to cooperate with police investigating a fight between family members.

The state medical examiners office ruled the case a homicide.

Again the DA explained in his letter that does not imply wrongdoing or criminal intent and "only necessary force was used in gaining control of Mr. Rodriquez."

"I won't give up. I'm seeking justice for my husband," said Nair Rodriquez.

The DA said he did have enough evidence to charge Rodriquez's widow with misdemeanor domestic assault and battery.

That sparked the altercation.

The DA will not pursue those charges.

The officers involved in the incident have all been put back on active duty.

MORE: Complete coverage of Luis Rodriguez’s arrest and death in Moore Police custody