LONG ISLAND - An appeals court on Long Island has overturned the conviction of Ann-Marie Drago, the 60-year-old nurse who was convicted of killing anti-gang activist Evelyn Rodriguez, citing prosecutorial misconduct.
Drago had been sentenced to 9 months in prison, but has been out during the appeal process.
The office of current Suffolk County District Attorney Raymond Tierney said that the trial happened before he took office, but didn't say if he will retry her.
A jury had initially found that Drago caused Rodriguez's death when she drove over the pedestrian following a dispute over a memorial that was set up in front of Drago's mother's home on September 14, 2018.
Rodriguez had arranged a memorial ahead of a vigil to mark the two-year anniversary of the discovery of her daughter's remains on the property.
Prosecutors said Drago took apart the memorial, trashing items and seizing others because she did not want to scare off potential buyers for her mother's home.