GUILTY MO - Breeann Rodriguez, 3, Senath, 6 August 2011 - #4

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They found CC without being told where she was, but can't find BR when told by the perp. I would say he did not tell the truth as to where he put her.
 
mrye4709 said:
They found CC without being told where she was, but can't find BR when told by the perp. I would say he did not tell the truth as to where he put her.
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If Breeann is in the water, it would all depend on currents, and it has already been over a week. Hopefully she wasn't weighted down.

:(
 
mrye4709 said:
They found CC without being told where she was, but can't find BR when told by the perp. I would say he did not tell the truth as to where he put her.
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We don't know what state he was in when confessing the location. Also if it is a fast moving river, who knows how far she would have travelled, or also how deep or muddy the bottom is, if infact she is in water.
 
It's a swamp. Doesn't that pretty much mean little to no current? It appears to me they have taken great pains to be sure that the farmers fields and resulting phosphorus run off do not drain into that swamp as is evidenced by all of the ditching/canals surrounding the entire area. IMO

But, I have no first hand knowledge of any of it either.
I only know that here in FL phosphorus run off ruins the Everglades and other water bodies. It creates algae blooms that kill fish.
 
flipflop said:
Where did this "hit by car" story come from?????
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Rumor on youtube...said that he claimed to have hit her with his car and then suffocated her rather than call 911...

As far as Celina, we don't know how they found her or if someone tipped them off, as far as I know? And we don't really know in this case if the suspect gave info as to Breeann's whereabouts, do we?
 
I have been thinking about the charge against him which includes the word "armed".
Does anyone have an idea what he was armed with?

I wonder if he used a stun gun.

Why would he need a weapon at all? She was a little child! I am significantly smaller than he is and I am quite sure that I could restrain any 3yr old child.

There would really be no point in hoping to get a 3yr old to cooperate by pointing a gun at them. IMO, a child that young would just run away, crying and screaming.

I wonder if he used some kind of weapon to try to scare his wife into not reporting any suspicions to police?
 
Would anything he used to suffocate her be considered a weapon and therefore "armed"?

I am thinking that his own hands may even be considered a weapon in the context of her being a 3 YO.

Was he ever in the service?

Have a black belt in Karate etc...?

Or did it say "Deadly Weapon"? I forgot...
 
Something is really starting to bother me about all of this. I can't quite put my finger on it but something smells off, doesn't feel right.

I'll have to ponder on this one awhile to figure out why.

JMHO
 
This explains the charge some.

Armed criminal action, defined, penalty.

571.015. 1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years. The punishment imposed pursuant to this subsection shall be in addition to any punishment provided by law for the crime committed by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon. No person convicted under this subsection shall be eligible for parole, probation, conditional release or suspended imposition or execution of sentence for a period of three calendar years.

http://www.moga.mo.gov/statutes/c500-599/5710000015.htm

I think a car could be a dangerous instrument, a rock, knife, a baseball bat...
 
It is my understanding the Armed can be anything that can be used as a weapon or was used as a weapon. Somewhere I was looking this up, don't ask me where but even a baseball bat can be considered if someone uses it to attack someone.

The above is not a fact LOL cause it comes from my memory after reading bunch of legalese! Just what I remember cause I thought it could be applied to a car, knife, gun,taser, lawn mower, tiller, etc. Yea some people in this area can be creative.
 
tiredblondy said:
It is my understanding the Armed can be anything that can be used as a weapon or was used as a weapon. Somewhere I was looking this up, don't ask me where but even a baseball bat can be considered is someone uses it to attack someone.

The above is not a fact LOL cause it comes from my memory after reading bunch of legalese! Just what I remember cause I thought it could be applied to a car, knife, gun,taser, lawn mower etc.
Click to expand...
Thanks!

That is what I was thinking as well. Even a sock - stuffed in someones mouth causing them to asphyxiate. But I could be wrong...
 
So really anyone who kills anyone could have the charge added re: "armed"?
That seems unusual to me...have not seen it often (if ever.)
Of course I don't think I have ever seen cause of death announced before a body is found.
 
dsntslp said:
Thanks!

That is what I was thinking as well. Even a sock - stuffed in someones mouth causing them to asphyxiate. But I could be wrong...
Click to expand...

Sadly one of the first things that comes to my mind is duct tape........

:(
 
Here's one part of MO statute about the use of an automobile. I don't think SM went chasing Breeann at all with a car.

1993) In order for an automobile to become a dangerous instrument for purposes of this section, the operator or user of the automobile must possess an intent and motive for the automobile to be an instrument of harm. Mere recklessness in the operation of an automobile does not give rise to armed criminal action. State v. Pogue, 851 S.W.2d 702 (Mo. App. S.D.).

http://law.justia.com/codes/missouri/2005/t38/5710000015.html
 
tiredblondy said:
It is my understanding the Armed can be anything that can be used as a weapon or was used as a weapon. Somewhere I was looking this up, don't ask me where but even a baseball bat can be considered if someone uses it to attack someone.

The above is not a fact LOL cause it comes from my memory after reading bunch of legalese! Just what I remember cause I thought it could be applied to a car, knife, gun,taser, lawn mower, tiller, etc. Yea some people in this area can be creative.
Click to expand...

I keep thinking his hands, with such a tiny defenseless child, I would think a grown man's hands, smothering her, would be a weapon.
That would , I think, account for the 1st degree murder.
Him removing, hiding the body, is tampering with evidence.
 
The information in the earlier post about the bomb threat at his job has me wondering if he has some kind of mental problem....or anger issues?
 
I am thinking of a garotte...like the one used to kill JonBenet. That is a tool of suffocation. How sad our children have to suffer these things.
 
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