On Thursday, April 4, 2013, Ina Mae Rodriquez met with Eddie Christian Warmsley of Intermountain Integrity Investigations and Jason K Jensen of Jensen Investigations. Both of these individuals are licensed private investigators in Utah. Mrs. Rodriguez met with them to discuss the merits of her son’s death. On September 9, 2008, Ina Mae Rodriguez’s son, Cody Rae Rodriguez died by a gunshot wound to the head. Officially, the cause of death had been determined as a suicide. However, since that day, the question of his death continues to rise, and Ina Mae Rodriquez repeatedly is confronted with conflicting “rumors” suggesting that his death was suspicious in nature and not a suicide at all. One story includes he was murdered. At the meeting, Mrs. Rodriguez provided, inter alia, the following: * Cody Rae Rodriguez’s phone call log * Cody Rae Rodriguez’s phone contacts * Cody Rae Rodriquez’s phone text message history * April 13, 2012 letter from the Oglala Sioux Tribe addressed to the Salt Lake City Civilian Review Board * April 8, 2011 draft letter addressed to Chief Chris Burbank * Email thread between Jude Schmid and Julia Story concerning Cody Rae Rodriguez * Printout of a statement from Cody Rae Rodriguez * Letter “to whom it may concern” dated 6/01/2011 from Michelle Rodriquez * Salt Lake City Police “General Offense Hardcopy” dated 4/04/2013 concerning the “suicide” investigation of Cody Rae Rodriguez * 12/08/2008 Office of the Medical Examiner partial autopsy report performed by Robert L. Deters, MD * 9/23/2008 Bureau of Forensic Toxocology final report by Marcel Bibeault * CAD Call Hardcopy of 9/10/2008 dated April 4, 2013. * Salt Lake City Police “General Offense Hardcopy” dated 1/29/2009 concerning the “suicide” investigation of Cody Rae Rodriguez [with handwritten notations] * Case review by Stu Smith of the Salt Lake District Attorney’s Office [three pages], dated 7/12/2010 * Letter dated 6/30/2011 from Steven C. Gibbs of the Salt Lake District Attorney’s Office * Email thread between Shantal Anderson and Ina Mae Rodriguez concerning Cody Rae Rodriguez * Denial letter from the ACLU dated 5/16/2012 * Denial letter from Robert B. Sykes & Associates dated 1/18/2013 * Photo printouts from Cody Rae Rodriquez’s phone * Medical Examiner’s body inventory and release sheet * Pair of shoes * Cody Rodriguez’s phone According to the official police investigation, allegedly there was only a single witness, Kenneth Mark Anderson. Cody Rae Rodriguez was the leased tenant of apartment, unit #327, located at 880 Oak Tree Lane, in Salt Lake City. Mr. Anderson reported to the police that Cody Rodriguez had been staying with him. He claimed Cody Rodriguez had just returned to the residence as Mr. Anderson was exiting to have a cigarette. Shortly after he exited the residence, Cody spontaneously and without warning shot himself just inside the residence. Accepting Mr. Anderson’s account of events the conduct on Cody Rodriguez’s part would be an apparent act of suicide. However, the physical evidence at the scene contradicts Mr. Anderson’s representation of the event. Trail of blood (type: flow) from Apartment unit #326 to unit #327 The following series of photos (DSC 8154, DSC 8157 & DSC 8181) were taken by a Salt Lake City Police forensic photographer on 9/10/2008. These photos document a trail of blood leading from the vicinity of Unit #326 down the corridor between four apartments to Unit #327, the location of Cody Rae Rodriguez’s final resting spot. DSC 8154 DSC 8154 is of the entry way to Unit #326. Outside the doorway is a pool of blood, suggesting the source was stationary long enough for the blood to pool. Given the fact that the pool is in front of Unit #326, suggests the victim was held there perhaps while the door was being closed. The police reports provided to Ina Mae Rodriguez did not include an interview of the residents of Unit #326. Moreover, there were no photos taken of the interior of Unit #326. DSC 8157 DSC 8157 is of the corridor leading to Unit #327, and at the top of the image is the lower body and legs of Kenneth Anderson while he was speaking with a police officer. The blood trail leads to the open doorway of Unit #327. The trail varies in his pattern indicating two things: It shimmies left and right and the flow trail has inconsistent pooling showing periods of cessation of forward motion. This pattern can indicate someone being carried. DSC 8181 DSC 8181 is of the open doorway to Unit #327. This is where the trail ends, just inside the doorway. Is should be noted that the blood trial concentrates along the left door-jam despite being a right-side gunshot wound. If the victim was ambulatory or walking face-forward, any blood from a right-side injury should favor the right-side. The relative placement of this blood trail suggests the victim was carried face-up or carried from behind. Location of suicide or placement of the victim According to the official police investigation, according to Officer Bruce Evans, upon arrival, the victim was observed “laying just inside the doorway with his head to the door and feet to the living room, he was leading from the heading” (p. 7 of 18). The trail described in the forgoing section led to this location, suggesting the blood trail was the victim’s, Cody Rodriguez. Concerning the information available, either the victim was removed from this location or he was placed at this location. DSC 8272 Location of the weapon According to the official police investigation, the weapon was found near the victim. Officer Nicholas Schneider reported “a silver handgun [was] lying next to his body. The gun was lying between his left arm and his body” (p. 8 of 18). It was removed from that location by Det. Miller for safety reasons (p. 8 of 18). According to Barry A. J. Fisher, Crime Lab Director of the Los Angeles County Sheriff’s Office, “In suicides involving handguns, the victim usually drops the weapon or throws it up to several feet away when the arms are flung outward” (Fisher, 2004, p. 382). Fisher adds because of that fact, the floor should be examined for dents or scratches resulting from the impact (p. 382). In this event, the officers report nothing about dents or scratches. The gun allegedly used was a .357 Magnum. The weapon has a reputation of having considerable recoil, which should have resulted in the gun being thrown in a direction opposite to the trajectory of the bullets path. In contrast, Fisher states, “Occasionally, the weapon is found in the victim’s hand, but this is usually due to the gun or hand having been supported in some way at the moment of discharge” (p. 382). The scene in this incident, does not suggest any possibility of propping. If the gun was dropped or thrown to the right of the body, the suggestion of a suicide would be greater than evidenced in this event, because the gun was observed on the other side of the body between his left arm and his upper body. DSC 8207 DSC 8207 shows the location of the final resting spot, after the victim had been removed to UMED. From the lower right corner of the image we see where the victim had entered the room and placed into the living room and then was likely turned around and lain with his head closest to the doorway. Suspicion of witness account According to the official police investigation, Kenneth Anderson was the only alleged witness to this event. He described a scenario to officers in support of a suicide conclusion. As mentioned above, the scene suggests differently. In addition, a pair of shoes at the scene along with the attire of Kenneth Anderson suggests that Mr. Anderson provided officers with a false statement. Since September 2008, Mrs. Rodriguez has been provided two pairs of shoes claiming them both shoes worn by her son on that occasion. In the Body Inventory & Release Sheet, we learned that Mrs. Rodriguez picked up a pair of shoes the victim was wearing at the time he was autopsied. However, in April 2013, when Mrs. Rodriguez picked up “evidence” collected from the scene, she was provided a second pair of shoes that was collected by Officer Angeline Portel (p. 5 of 18). The shoes were the same shoes documented at the scene in photos. DSC 8264 DSC 8264 is of the shoes observed at the scene, after the victim had been removed from the scene. The blood identified on the right shoe is significant. Blood is not found on the left shoe, only on the right. The uniqueness about the shoe is the observations about the blood flow on the shoe. The blood landed on the top of the shoe and gravity pulled it down the right side of the shoe. This means the shoe was worn by an upright individual when blood flowed from the top down. These shoes were removed, but not from the victim. The victim was still wearing his shoes when the body was examined by the medical examiner. Meanwhile, there was only one other person allegedly in the room with the victim-Kenneth Mark Anderson. Mr. Anderson, while being interviewed by officers, was standing outside of the apartment wearing only socks at the time photos were being taken. DSC 8135 DSC 8135 is an image of Kenneth M. Anderson on the night of 9/10/2008. He was standing outside apartment Unit #327 wearing socks, no shoes. Also, he was noted having blood on his hands, heaviest on his right hand. DSC 8135 (magnified) Examining DSC 8135 magnified, we see the appearance of possible blood droplets on the left cuff of Kenneth Anderson’s grey sweatpants and at the toe of Mr. Anderson’s sock. The blood at the toe may indicate that he used his left foot to remove his right shoe. Meanwhile, there is little blood on either the shirt or the pants otherwise from these photos. DSC 8135 (magnified) DSC 8135 (magnified) shows the heavier blood flow on Mr. Anderson’s right hand while his hand would be horizontal to the floor. The presence of heavier blood on the right hand is consistent with the right-side injury of Cody Rae Rodriguez. The presence of heavier blood on one’s right hand may indicate that he was behind (or above) the victim who was bleeding on the right side, or may indicate he was the shooter of a close range gunshot injury, or may simply indicate being right-handed depending on the situation. Meanwhile, Kenneth Anderson reported to officers placing a towel under Cody Rodriguez’s head. However, no blood is observed on Kenneth Anderson’s knees, his lap, or torso (only his hands and the left pant cuff). Photos of the weapon The two reports provided to Mrs. Rodriguez (the 4/4/13 report and the 1/29/2009 report) never discuss much detail concerning the weapon found in this incident. There is no report detailing the ownership of the gun, the chain of custody, or the history of the gun in a crime. However, Officer Angeline Portel reported “Officers J. Miller and N. Schneider arrived first at Mr. Anderson’s apartment. They assisted me in booking the handgun into evidence” (p. 4 of 18). Meanwhile, the photos reveal that the gun was a Ruger SP101 .357 magnum cal., serial number #572-07494. Its role in this death of Cody Rodriguez is apparent from the photos when compared to the ME’s pathology report. The appearance of blood on the gun suggests it was the weapon used to fatally injury Mr. Rodriguez. However, these documents don’t explain who fired the gun or the shooter’s intensions. The first officer on the scene described finding the gun near Mr. Rodriguez between his left arm and his body. He described that the gun was moved to the countertop, away from the victim. There is no indication from reports that finger or palm prints were taken, or attempted from the gun in effort to possibly identify the shooter. However, given the fact that the victim’s hands were bother bagged it suggests that officers attempted to preserve evidence of gun-shot residue (GSR) from his hands. However, there is no record of a GSR test actually being performed or what those results may have yielded. DSC 8230 & 8232 DSC 8240 & 8241 DSC 8337 DSC 8336 DSC 8240, 8241, 8336, 8337 documented that the handgun was likely the weapon causing the injury to Cody Rodriguez, whether as a self-inflicted accident, a suicide, or that of an accident or assault by another. An examination of both sides of the weapon show signs of velocity blood spatter, especially in image DSC 8336. In fact there appears to be no blood on the pistol grip. The shooter would likely have similar blood patterns on the hand used. If the injury sustained by Mr. Rodriguez was self-inflicted there should have been blood identified on his right hand. Likewise, if the shooter was Kenneth Anderson, for example, he would have velocity blood on his hand unless he cleaned up. Nonetheless, in this event, as displayed above, Kenneth Anderson did have blood on his right hand, but it did not appear to be velocity blood. However, it should be noted that there appeared to be diluted blood on the bathroom door inside the apartment, and on the backsplash behind the kitchen sink, which may have been the victim’s blood. DSC 8298 & DSC 8433 In the reports, no explanation was provided for the blood patterns identified in relation to the door or the sink depicted in DSC 8298, DSC 8433 or the other relevant images corresponding to those locations. Toilet paper roll In the course of photographing the apartment, the photographer documented a toilet paper roll in the bathroom drawer, with the appearance of fresh blood visible thereon. The presence of blood on the roll, if the victim’s blood, may be evidence of a clean-up effort before the arrival of law enforcement arrival and its placement in the bathroom drawer may have been in effort to conceal the clean-up. DSC 8311 Concerning DSC 8311, there is no explanation for the presence of the possible blood on the toilet paper roll or why it was placed in the drawer. GSR testing According to an interview with Ina Mae Rodriguez, she was informed by police that a GSR test would not be conducted because it was too costly. She was also informed that the process was not reliable. Meanwhile, the condition of the victim at UMED suggested differently. both of the victim’s hands were bagged as if GSR testing was intended. cThe other witness, James Martin According to Officer Dustin Marshall of the official report (4/04/2013 version), he interviewed a man named, James Martin. James Martin told the officer he was visiting his friend, Aaron Anthony, who lived in Unit #315, which is downstairs and one apartment to the west (p. 6 of 18). The two men were watching television when they heard a muffled shot and then a thud (p. 6 of 18). Mr. Martin explained that he “thought it was in the apartment above them, but when he walked outside, he realized it actually came from #327” (p. 6 of 18). The statement concerning his original impressions appears to be consistent with the blood trial described leading from Unit #326 to Unit #327. Conclusion and recommendation Based upon the review of the information provided, it is clear to this Investigator that the events surrounding Cody Rae Rodriguez’s death did not occur as explained by Kenneth Mark Anderson. He did not shoot himself (whether by suicidal gesture or accident) in the apartment Unit #327. Instead, the evidence at the scene indicates that the fatal injury did not occur in Unit #327, but that he was subsequently moved to that location. It is recommended that the family investigate further to corroborate the scene analysis described above. In essence there are three investigations needed to make additional conclusions. First, there would be an investigation into the underlying cause of death. Second, there could be an investigation into the handling of the case by police investigators. Lastly, since this incident occurred more than 4½ years ago, to conduct either, investigators would expend sizable resources to locate the whereabouts of witnesses to interview concerning the underlying case or police investigator. From the 4/04/2013 report, we see many of the officers who were involved in this death investigation have since resigned or retired. They would need to be located in their new jobs or communities. As for the former tenants, who would have been involved in Cody Rae Rodriguez’s life or neighbors to Kenneth Anderson, they have likely moved long ago. In addition to interviewing them, the Investigators will need to interview the former/present apartment management, the maintenance personnel and groundskeepers. The Investigators may need to inspect and test the carpets of Unit #326. The Investigators will need to locate the owner of the Ruger SP101 .357 magnum cal. and interview. The Investigators will need to corroborate or dispel the stories provided by Kenneth Anderson, Cody Rae Rodriguez’s girlfriends, friends, family and associates. Moreover, the Investigators will need to request additional files from the police and the medical examiner’s office in case records have been withheld. Furthermore, the Investigators learned that one of the former tenants to Unit #326 may have passed away. However, his wife is still
Posted on: Tue, 10 Sep 2013 20:36:51 +0000
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