Orange City, Iowa — A Rock Valley man accused of stabbing his grandfather to death last October will use a “diminished capacity” defense in his murder and arson trial.
A notice of defense filed by the defendant’s attorney this week indicates that 20-year-old Santos Rodriguez Jr. intends to rely on a “self defense-diminished capacity defense.” The Iowa Code covering such a defense states, “If the defendant intends to rely upon the defense of intoxication by drugs or alcohol, entrapment, or self-defense, the defendant shall, within the time for filing pretrial motions, file written notice of such intention. The court may for good cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate.”
According to authorities, on or about Sunday, October 29th, 2017, Rodriguez allegedly killed his grandfather, 84-year old Luis Luevanos, at his grandfather’s home; set fire to the home, and then fled to Utah.
Agents from the Iowa Division of Criminal Investigation traveled to Utah and interviewed Rodriguez. DCI agents say Rodriguez admitted to stabbing his grandfather and intentionally setting the fire afterward.
Rodriguez faces charges of First Degree Murder, which is a Class A Felony, as well as First Degree Arson, a Class B Felony.
Rodriguez’s trial is now scheduled for Tuesday, September 18th in Sioux County District Court in Orange City. A Pretrial Conference in the case is scheduled for Wednesday, June 6th.
If convicted on the 1st Degree Murder charge, Rodriguez would face a mandatory sentence of life in prison with no chance of parole. On the 1st Degree Arson charge, a conviction would carry a sentence of up to 25-years in the state penitentiary.
