LAKE HAVASU CITY – A Lake Havasu City woman charged in the death of her daughter is rolling the dice on a possible life-long prison term rather than accept a plea agreement offer that mandates a 5- to 10-year sentence. 27-year-old Brittany Rodriquez has opted to go to trial on a first-degree murder charge rather than enter a deal that would convict her of attempted child abuse.
Prosecutor Jacob Cote told the court during a Wednesday hearing that he would negotiate no further and that his offer would expire by the end of the day. Rodriquez held her ground and she now faces a June 29 status hearing to set a date for her trial.
Rodriquez and 24-year-old Andrew Lamorie were charged with first-degree murder in the January, 2018 death of Gabriella Lamorie. Mr. Lamorie pleaded guilty to second-degree murder and he faces a 10- to 16-year prison term when sentenced, if Judge Billy Sipe accepts his deal after expressing reservation about its punishment leniency.
Cote has said he considers Lamorie more culpable than Rodriquez for Gabriella’s death and that’s reflected in the plea deals that aim to resolve the cases short of trial.
Rodriquez has been in jail for 2.5 years and a requirement that she serve 85 percent of a prison sentence would see her released from custody by age 34 even if Judge Sipe imposed the maximum ten-year sentence prescribed in the plea she rejected.
Attorneys have said during various hearings that the couple didn’t believe in doctors and that they had not taken Gabriella for a checkup during the 15-month period that preceded her death. At 27 months old, Gabriella weighed just 17 pounds the day she died.
An autopsy determined that she died of blunt force trauma and of severe malnutrition.
Wednesday was the second time Rodriquez balked during a change of plea hearing. She also backed out when a deal was to have been entered May 19.
Mr. Lamorie is scheduled to be sentenced June 26 while Rodriquez appears headed to trial unless Cote backs off the expired deadline for plea entry.
- Dave Hawkins