Circuit Judge Dawn Nichols tried in several different ways and in the gentlest, most realistic and objective terms to impress on Daniel Rodriguez that the evidence against him is overwhelming, that perhaps a trial was not the best choice he could make. Rodriguez, who’d refused to be brought to court (he “wasn’t feeling well”) and spoke to the judge through a video connection, wouldn’t budge. He wants a trial on charges of raping and molesting a minor.
The Flagler County Sheriff’s Office secured the next-best thing to DNA evidence in rape cases: a detailed, recorded admission by Rodriguez that he had, in fact, molested and raped Elliot(*), a young boy over several years starting when Elliot was in 6th grade, when he was 11. The assaults lasted from 2019 to 2022.
Elliot looked up to Rodriguez and saw in him a father figure and a trusted family friend who’d buy him things and even helped the boy’s mother with rent. Elliot’s mother had known Rodriguez through her aunt, who was a foster parent.
The first assault happened as Elliot and Rodriguez were on a couch together watching a movie. Elliot in his forensic interview with a child protection team member recalled it was a school night. The boy and his family–an older sister, a younger sister, and his mother–lived in the southern portion of Palm Coast. Rodriguez began touching him in his privates, then assaulted him orally. After that, it happened “almost every time he came over.”
In June 2022 Rodriguez took him to Tampa (just the two of them), where the boy felt things went too far. By then he’d researched what had been happening, to the point of researching the word “grooming” and discovering that Rodriguez’s behavior toward him and his family fit the definition. Elliot told his mother of the assaults in May 2023. She immediately contacted authorities.
On May 12 and 16, 2023, detectives conducted two “controlled” or recorded calls, one with Elliot, speaking to Rodriguez, and one with Elliot’s mother speaking to Rodriguez, who was unaware that authorities were listening. In both conversations, Rodriguez, according to his arrest report, “was very apologetic, taking full responsibility for having inappropriate sexual relations” with Elliot, and speaking “very openly of how wrong it was of him.” Rodriguez said he needed help. He was equally apologetic to Elliot’s mother, confirming that he saw himself as “in a relationship” with Elliot, and making a distinction: Rodriguez said he never “had sex” with the boy, only oral sex. (The distinction does not apply in law, in that coital penetration is not a prerequisite for a sexual battery, or rape, charge.)
The judge had reviewed all the evidence and watched the child protection team interview already. The state had offered him 40 years in prison and a lifetime on sex-offender probation, plus a designation as a sexual predator. He turned it down. His attorney, Nicole Jordan-Dixon, counter-offered 30 years, though Rodriguez himself isn’t happy with that. He wants to serve 10 years, no more.
Nichols, the judge, told him that what he was asking for was unreasonable. “You’re relatively young,” Nichols told Rodriguez. “Ten years on something with respect to what the state has is not a realistic counter offer.” She all but gave him a get-out-of-jail card, within a reasonable time, meaning 30 years, especially for Rodriguez, who is just 27: he could be out in his mid 60s or mid-50s. “What your attorney has suggested actually is in the reasonable realm and and probably would have been something that could have resolved the case.”
Otherwise, it’s almost certainly going to be life in prison. Mandatory, too: if a jury were to find Rodriguez guilty on the gravest count–the rape of a boy younger than 12–the judge would have no discretion. It’s a capital crime. She would have to sentence him to life. And it’s just one of the five felonies against him. He also faces a life felony count of molestation and three additional second-degree felony counts of molestation, some involving the same boy but when he was older than 12, since the assaults took place over several years.
“I’m very neutral, but from an objective standpoint, the state has you acknowledging in two separate conversations what occurred, and then we have the young victim who was incredibly mature and very–it was quite compelling, his his testimony,” Nichols said. “It’s a matter of: do you want to have the chance of getting out of prison at some point, as opposed to if you’re found guilty at trial, I only have one sentence that I can impose in this case. I’m not saying this to be mean or harsh, but that means you’ll never see the light of day again. So really, your choices are having the opportunity to someday, possibly getting out of prison, or if you’re found guilty, never getting out. And that’s the reality. Unfortunately, I don’t have another option for you.”
Rodriguez wasn’t moved. He said he’s been in jail awaiting trial for 17 months. “I completely understand the parameters and ramifications of the circumstances that I now find myself in,” he said. “So with all things considered, I think that a trial is something that I would like to do.”
The judge conceded. Assistant State Attorney Melissa Clark then had Elliot’s mother–a single mother who at times struggled financially–testify: she described how Rodriguez spent time with her son, buying him games, a cell phone, food. She then describe the time when her son, wrenchingly, described what had been happening, how confused he was, how afraid he was to tell his mother. Clark also had the forensic interviewer testify. All the usual motions the state files in such cases, including one enabling the prosecution to introduce the incident that took place in Tampa, went the state’s way, essentially undisputed by the defense.
Docket sounding is set for mid-December, with trial shortly after that.
(*) The name is a pseudonym.
Judith G. Michaud says
Is there a double standard of justice here or am I just not understanding? Donald Trump is a convicted felon and was found guilty of sexually abusing E. Jean Carroll and he is not facing life in prison, he is running for president! What goes here folks?
Doug says
Good. Maybe he’ll get a real punishment.
I’m so sick of these pedophiles getting slapped on the wrist and then moving on to another victim. In fact, I’m disappointed to hear that the judge, given the facts I just read, is trying to convince him to make a decision that would lesson his penalty.
Skibum says
Personally, I’m pleased with the defendant’s decision not to accept a plea and take his case to trail. I do not believe it is in society’s best interest to have him released from prison even if he were to be sentenced to 30 or 40 years. This molester who preyed on a young child for several years needs to be convicted and sentenced to life without parole. I think his decision is more likely than not to result in that outcome due to what has been reported as overwhelming evidence against him.
Peaches McGee says
The booty bandits are gonna love you!
Skibum says
I wish Trump had been charged and convicted of E. Jean Carroll’s sexual assault in a criminal court, but his court case was not within the statute of limitations for a criminal proceeding, and it was adjudicated as a civil verdict against him where a monetary penalty was the judgment against him. It is up to Congress to pass a law, if they ever get to that point in such a polarized society, where it would be prohibitive for someone with a felony criminal conviction to run for president. It seems like common sense to the vast majority of Americans, but here we are on election day, with many millions of voters willing to vote for a convicted felon and adjudicated sexual abuser for president. I would be willing to bet everything I own that not one of those MAGA Trump supporting voters would even think of supporting or voting for anyone who sexually abused one of their children, but apparently as long as the victim is a stranger, they are more than willing to simply look the other way as if something so despicable and immoral could be ignored, especially for the high office of U.S. President!
JimboXYZ says
Sounds like he’s some level of a NAMBLA-LGBTQI type, although the latter of those organizations would & perhaps even law enforcement/judicial system opt to keep peds, sex offenders & predators separate ? It all comes down to the crime itself Man-Boy relations of homosexuality. I don’t discern from any of it really. Don’t care to hear out the reasons, excuses for empowerment to debate what the charges are. These types are who they are. Doesn’t matter how a lawyer for legal representation spins the act(s). A now 27 year old, at the time < = 25+ year old seeking any level of sexual gratification from a 6th grader is so warped of a concept that it triggers me to comment like this. Anyone care what "clubs" this clown identifies with ? His miscreant "hobbies" are beyond defense involving anything less than a legal adult. Never could qualify as a juror for this type of trial, especially with a self-admission. He's a fool for thinking he has any shot at beating this slam dunk. Definitely going to own his actions though fighting it in a courtroom. My gut feel, in December this will be tried, there's going to be nothing that any jury would hear, is this going to be anything more than similar to a traffic infraction for determination of a unanimous guilty verdict ?
CRB says
He has 5 very serious felony charges for one and some of those carry life sentences!!
So like with any kind of trouble if u take it to trial and lose then u can absolutely bet ur butt they are going to give the max!!! And on some charges it’s no ifs ands or butts!!!
And why must Trump always be involved when people are unhappy about an issue?!?
I’m sure ur one of them who are livid right now he’s back!!!! And he’s going to have us back in shape!! And I can’t wait to go grocery shopping and have $ left over!!
Yes THIS FELON VOTED FOR TRUMP!!!! ♥️🤗♥️🇺🇸♥️
And before I get the hate in return I just want to point out how he wasn’t horrible in his last term!! My work was closed and no unemployment was involved and yet my family and I survived just fine!! Bills paid accordingly, food was never an issue, we were actually able to afford a day out here and there!! We were able to live and have a breath of fresh air not stressing every second of every day!!! Because idk about you guys but the last few years have sucked!!!!
I hate bills, I hate going food shopping, I hate losing the amount of sleep that I do because of worry and stress on how I’m gonna be able to afford living and maintaining!! When u can’t afford to buy ur son’s school pics because that $30 bucks went towards a bill of some sort!!
And yes some may say who cares take pics with ur phone or whatever but to me that’s a sentimental thing!! It’s memories!! I could go on and on comparing life then and now!!!
It’s night and day and I’ve been ready to get back to the days where I was able to smile, sleep well, and be a better parent-daughter- sister- Aunt etc without constantly worrying and being stressed about everything every single day!!!!
And if we as AMERICANS can actually get our heads out of our butts and become united together and stand up for each other and end all this negative nonsense and act like normal civilized people with or without a president this world would and could be such a better place!!!
I just wish people would leave political opinions out of everything and anything because at the end of the day let’s be real…. They don’t care about any of us!!! They aren’t struggling financially by any means!! Kids are in fantastic schools, have security and people doing their daily chores and stuff!!! They don’t give 2 craps!! They just want the title!! The position!! When again in all reality we don’t need any of them!!
WE CAN ALL DO IT BY OUR DAMN SELVES !!!
You only live once and I prefer to be a positive person as best as I can be!! But I haven’t been able to lately when I’m drowning in life!!!!
So long story short (😂) let’s start or try to anyways too leave the politics out of it!! Leave the negativity behind!!
Be positive and spread positivity!!! If we each do that once a day eventually we can all be happy and free!!!!
Isn’t that one of the many great things we as AMERICANS have in life?!? We need to use it more now then ever before!!!
LETS MAKE AMERICA GREAT AGAIN!!!!!!!🥰🤍🇺🇸♥️
#TrumpIsMyPresidentAGAIN
#DreamBigAgain
#FinallyABreathOfFreshAir
Joseph Barand says
The Catholic Church is he Gold Standard when it comes to sex abuse of children. Nothing happens to to fix the problem even when the church continues to support, encourage and condone it.
Skibum says
Your comment neglected to include the most prolific and indefensible act that not only the Catholic Church but other religious churches and organizations have done also regarding the long-standing problem of sexual abuse involving priests and other clergy. And that is what these churches intentionally did to HIDE the abuse and HIDE the abusers from any type of accountability for the crimes they committed.
Atwp says
Why are men attracted to children sexually. Never understood that and probably never will. Can imagine the cases that are not reported.
Val says
Why can’t we go for the death penalty what’s the point of having it and maintaining the equipment spending money if we never going to go through with it. Why do we have to house him and feed him, that sounds crazy. And should be a crime by it self.