13-year-old convicted of murdering Modesto food truck owner Rafael Rodriguez

MODESTO, Calif. (KTXL) — According to a news release from the Office of the District Attorney Stanislaus County, a 13-year-old juvenile was convicted of murdering 67-year-old Rafael Rodriguez on Feb. 16, 2021.

On Feb. 16, 2021, 13-year-old “RK,” walked up to the “Dona Sole Comida Mexicana” food truck parked near the intersection of Monterey Avenue and Thrasher Avenue in Modesto. He then pulled out a handgun, and shot Rafael Rodriguez in the face. RK then ran from the scene.

Rodriguez, the owner of “Dona Sole Comida Mexicana”, died from his injuries.

According to the news release, Modesto Police detectives arrested RK for the murder of Rodriguez after midnight on Feb. 17, 2021, and he was booked into Juvenile Hall.

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Under California Law, RK could not be prosecuted as an adult since he was only 13 years old when murdering Rodriguez. However, the release said that “a petition was filed in Juvenile Court alleging RK had committed first degree premeditated murder along with an enhancement for personally using a firearm.”

On April 14, 2022, Judge Ruben Villalobos found that RK “committed first degree murder and had personally used a firearm in murdering Rodriguez.”

During sentencing on June 29, 2022, R.K’s options were placement in a non-locked group home, a specified amount of time in Juvenile Hall or committing to a “Secure Track.” The maximum amount of time RK would spend in Juvenile Hall or Secure Track would be until his 25th birthday.

The case is scheduled for further hearing on Aug. 24, 2022.

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