EXCLUSIVE: The woman, who multiple judges found was wrongly charged with negligent homicide for the traffic death of Officer Paul Rutherford, is set to sue the City of Phoenix for malicious prosecution.
Nubia Rodriguez filed an official notice of claim on March 15, a week ahead of the four-year anniversary of the accident.
On March 21, 2019, Rodriguez hit Rutherford in the two-way turn lane on Indian School Road near 75th Avenue. “I don’t want to take away that an accident happened, someone lost their life,” she said. “But again, we go back to how many victims had consequences from what happened because of this and there’s just very many.”
The notice of claim outlines many issues in the case brought by police and prosecutors. It also lists multiple “false statements” that Phoenix Detective Michael Davidson told the grand jury when securing the indictment. The case was then sent to a new judge for a preliminary hearing to decide whether charges should have ever been brought.“What matters is, he appeared from a place he shouldn’t have been to a regular driver,” Kreamer said when making his ruling. “Whether he was an officer or not, he ran out in front of her.”Det.
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