Hereford teen acquitted in murder case

Damien Rodriguez

A Hereford teenager was acquitted Wednesday of murder in the stabbing death of his former girlfriend's grandmother, but was sentenced to six years' probation on another charge.

Damien Rodriguez, 16, was accused of killing Lucia Guajardo, who was found in the early morning of July 30, 2009, with a stab wound to her chest in her home in the 200 block of Greenwood Street in Hereford. Rodriguez was 15 years old at the time.

A Deaf Smith County jury in June found Guajardo's granddaughter, 17-year-old Sygourney Grajeda, guilty of murder in the incident and sentenced her to 45 years in prison. She will be eligible for parole in 22 years.

Rodriguez's trial in 222nd District Court on charges of murder and tampering with evidence started Monday. Authorities also alleged that Rodriguez disposed of Grajeda's clothes after the killing, authorities said.

Deaf Smith Criminal District Attorney Jim English concluded the prosecution's arguments shortly before noon Wednesday, and the defense immediately asked the judge to rule that state prosecutors failed to prove that Rodriguez had committed murder.

District Judge Roland Saul determined Rodriguez was not guilty of the crime.

Rodriguez's Amarillo attorney, Arnold Miller, said it was determined in a murder case elsewhere in the state that just because a person was at the scene of a murder, doesn't necessarily mean they could be convicted of the crime. Miller said Rodriguez was naive.

"I don't think he really thought (Grajeda) was going to do it," Miller said. "He didn't do anything to help her."

Miller said Rodriguez was in a basement of a friend's house playing games when Grajeda came in and said she was going to kill her grandmother. She persuaded Rodriguez to accompany her to Guajardo's home.

Miller said Rodriguez was outside the home at the time of the slaying, but he ran when he heard screaming. Grajeda later found Rodriguez, who disposed of her clothes, Miller said.

"He did not do a thing," Miller said. "It's not a crime to be down there where a murder's being committed. It's not even a crime to go down there when you know it's going to happen."

English said Saul determined there wasn't enough evidence to prove Rodriguez was a party to the murder.

"(Saul) just said he agreed with the defense's motion. I've searched my soul about that," English said. "I can't think of anything I'd do differently."

Randall County Criminal District Attorney James Farren said Saul's decision, called an instructed verdict, is unusual in murder trials. "The defense will often make a motion for an instructed verdict, but they're usually just going through the motions," Farren said. "The judge will listen closely, but normally deny the motion."

After the case was dismissed, Rodriguez pleaded guilty to tampering with evidence.

Saul sentenced Rodriguez to six years' probation and ordered him to pay a $1,000 fine.