‘3 Strikes’ Count Unfair, Suspect’s Girlfriend Says

Elaine Guzman agrees tougher sentences are needed for criminals who repeatedly break the law. She just doesn’t think that her boyfriend--who has twice been convicted of violent felonies and is now charged with a third--deserves the same treatment.

Her boyfriend is Mario V. Rodriguez, a 30-year-old forklift repairman who appeared in court Thursday as the first Orange County defendant charged under the new “three strikes” law that mandates life prison sentences for repeat offenders.

As the arraignment hearing was postponed, Guzman, 24, sat in the courtroom, weeping.

“I think this is really unfair; he doesn’t deserve this, he’s a hard-working man,” Guzman said later, adding that Rodriguez was stunned to learn about the sentence he now faces if convicted of assault and weapons charges stemming from a barroom brawl.

“He can’t believe it, he is just shocked,” she said. “He’s going into a depression.”

To law enforcement officials, Rodriguez is a hardened criminal who should be taken off the streets, possibly for the rest of his life. To his girlfriend--the mother of his 5-month-old son--Rodriguez is a good provider and a loving father to his namesake. The couple plan to marry, Guzman said.

In the meantime, Guzman said, she is trying to raise money for Rodriguez’s $50,000 bail and to pay for an attorney who will fight the charges. Guzman said the “three-strikes” law should only be used in rare cases against dangerous felons.

Rodriguez, she said, does not fall into that category.

“My man is not violent, he is not abusive--I’ve seen people who are worse,” said the Garden Grove homemaker.

Rodriguez has two prior felony convictions, including a second-degree robbery conviction and a 1980 conviction for assault with intent to commit murder--a crime he committed when he was 16, according to court records.

He also has been convicted of several misdemeanor traffic violations, including drunk driving, court records show.

According to prosecutors, Rodriguez’s third “strike” came Sunday night. He was arrested after allegedly shooting Donald Moore, 24, of Garden Grove in the face with a flare gun following a fight. Patrons tackled Rodriguez and held him for police. He suffered facial wounds still visible Thursday.

Before the new law, Rodriguez would have faced a maximum sentence of 14 years in prison if convicted, and would likely have served only half that with credit for work and good behavior.

If convicted under the controversial new law, he faces 25 years to life in prison.

Supporters say the law will help combat crime.

But critics say the law is too far-reaching and unfair because it counts as “strikes” juvenile convictions--as in Rodriguez’s case. It is an issue that Deputy Public Defender Don Ronaldson said may be explored as part of Rodriguez’s defense. The new arraignment is set for April 8.

Guzman said she will not turn her back on Rodriguez.

“He’s a good provider,” she said, her makeup smeared from sobbing. “He’s the best man who has ever come into my life. We’re engaged and I will marry him no matter what.”