A Portage woman charged with felony neglect of a dependent after her 2-year-old daughter died after allegedly shooting herself in the head with a weapon she found in their home in early February has submitted a plea agreement.
Porter Superior Court Judge Michael Fish will consider the plea agreement for Abigail Rodriguez, 28, of the 100 block of Coral Avenue, during a hearing slated for 10 a.m. May 12, according to online court records.
She submitted the plea during a March 24 initial hearing, according to online records. Details of the plea were not immediately available.
Rodriguez was charged with the Level 3 felony on March 1 for the shooting, which occurred on Feb. 7. Grace Rodriguez, 2, died at 6:10 p.m. that evening at Comer Children’s Hospital at the University of Chicago, according to the Cook County Medical Examiner.
Around 11:02 a.m. on Feb. 7, Portage Police and Fire departments were sent to the 100 block of Coral Avenue in reference to a toddler who had suffered a gunshot wound. Paramedics provided immediate aid and the child was taken to Portage Hospital and later flown to Comer, according to a Portage Police news release at the time.
According to charging documents, Rodriguez told police she and Grace were getting ready to leave their residence and were in Grace’s bedroom. Grace left and Rodriguez assumed the girl went to the living room when Rodriguez heard a gunshot. Rodriguez went into her bedroom and saw Grace laying on the floor with a gunshot wound.
Police located a 9 mm Glock on the end table next to the bed. Rodriguez, according to documents, said that was where she left the firearm that morning.
During an interview at the Portage Police Department, Rodriguez said she normally keeps the 9 mm handgun in the kitchen, but at night she brings it into the bedroom and keeps it on the nightstand.
When Rodriguez wakes up she returns the firearm to the kitchen, but she forgot that day, charges state.
Rodriguez said she knew the 9 mm handgun had a live round in the chamber and that the handgun did not have safety, according to the documents. In the past there were times when Rodriguez left the handgun on the nightstand but usually closed the door or put the baby gate up.
In addition to the Glock 9 mm handgun, police said in court documents that there were four other firearms in the residence.
No other children were in the home and no injuries were reported, police said at the time.
It was the second death by firearm of a toddler in Porter County in less than a year. On July 17, 2022, Wyatt Luzcak, 2, of Pleasant Township, died after gaining access to a gun and accidentally shooting himself. No charges were filed in that case.
