John Michael Rodriguez, who was with an Austin teen fatally shot by police at a South Austin Big Lots store in 2010, pleaded guilty today to burglary of a building in the case and was sentenced to deferred adjudication, a form of probation.
Rodriguez, 20, also pleaded guilty to burglary of a habitation, entry with commission of assault related to a September incident at his girlfriend’s home, according to his lawyer, Amber Vazquez Bode. State District Judge Mike Lynch sentenced Rodriguez to a 10 years deferred adjudication in that case and 5 years deferred adjudication in the Big Lots case, with the terms to run concurrently.
As a condition of probation, Rodriguez must serve six months in jail. Prosecutor Buddy Meyer said Rodriguez has already served most of that time.
Prosecutors dismissed an additional charges of burglary of a building and theft of a firearm as part of the plea deal, lawyers in the case said.
Police have said that at about 6 a.m. on October 1, 2010, Rodriguez and 16-year-old Devin Contreras broke into the Big Lots store on William Cannon Drive near Interstate 35.
When Austin police arrived, Contreras ran out the back of the store.
Travis County prosecutors have said that Contreras burst out of the door, raised a gun at Officer James Bowman and then jumped off a landing, prompting Bowman to fire 14 rounds and hit Contreras four times.
Investigators said that under Contreras’ body, they later found a loaded pistol, which was stolen during a string of storage unit burglaries just hours before the incident, prosecutors said.
Police have said that Rodriguez, who was spotted by arriving officers inside the store, was thought to have escaped into nearby woods
A police investigation found that the shooting was justified and a Travis County grand jury declined to indict Bowman.
Contreras’ family filed a federal lawsuit in November claiming that Bowman used excessive and unnecessary force. That suit is pending.
One of the dismissed charges stemmed from storage unit burglaries at 2201 S. Pleasant Valley Road in Southeast Austin. In one case, an owner said five firearms were stolen, including a Smith & Wesson revolver with a serial number matching the one found in Contreras’ possession.
Vazquez Bode said that her client had not been in serious trouble before his arrest in the Big Lots case. She said he has a baby and is hoping to go back to school and get his life together.
“He’s real smart and he’s really mature,” she said. “This situation has really opened up his eyes.”
If Rodriguez violates the terms of his probation, a judge could sentence him to up to 20 years in prison.
This story has been corrected to note that Rodriguez’s probation term for burglary of a building is 5 years.
