Jury hears from defendant in trial over girlfriend’s murder
FranciscoRodriguez, aMargatemanfacing life in prison, took the standWednesday afternoon to defend his actions in the 2012 shooting death of his girlfriend, Rosa Hirsch.
Attorneys were prepared to deliver closing arguments when Rodriguez signaled to Broward Circuit Judge Jeffrey R. Levenson that hewanted to testify.
Rodriguez, 58, said he got into an argument with Hirsch, 63, on Aug. 10, 2012, after he told her to move out of the home they shared for only a few months that spring and summer.
Hirsch had a gun, Rodriguez she threatened him with it.
“She said ‘I’m going to show you who’s going to be the one who leaves the house, oneway or another,’“Rodriguez said. said, and
In the struggle that ensued, Rodriguez said he shot Hirsch twice -- once in selfdefense and once by accident.
Rodriguez had accused Hirsch of cheatingonhim, according to a statementhegave investigators the night of the shooting.
Prosecutor LanieBandell said in opening statements Tuesday that Hirsch was the one whowanted tomove out and that Rodriguez sent her text messages expressing his desire to continue their relationship. Rodriguez acknowledged sending the text messages.
Defense lawyer Jose Reyes assured the jury that the shooting was more complicated than the act of jealous, possessive rage described by Bandell.
But Rodriguez’s statement to investigators, whichwas playedfor the juryWednesday, appeared to partially contradict his testimony.
Rodriguez described struggle with Hirsch over her gun, but he said nothing about her threatening him with the weapon.
After the first shot, which hit her in the upper chest near the right collar bone, Rodriguez saidHirsch played dead before coming after him again. She stopped when she saw he was still armed, Rodriguez said.
“She tried to get away,” he said. “She was aside, turning… I think I shot her in the head. I don’t know.”
Answering questions from a detective, Rodriguez admitted he fired the second shot out of “anger” and in “a rage.” He mentioned none of that in his testimony.
Bandell pointed out other inconsistencies during her cross examination of Rodriguez.
For example, Bandell said, Rodriguez told the jury Wednesday that Hirsch had accused him of infidelity, but he told police the night of the shooting thathewas theone who accused her of cheating.
Rodriguez said he wasn’t thinking straightwhenhespoke topolice thenight of the shooting.
Jurors listened Tuesday to the 911 call Rodriguez made after shooting Hirsch. During that call, Rodriguez openly considered letting police shoot him when they arrived at the scene. The dispatcher who took the call convinced him to put the gun down before help arrived.
Closing arguments are expected place Thursday morning. to take
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