Monroe homicide case faces additional delays on the eve of trial

Published 1:30 am Thursday, January 29, 2026

EVERETT — Just under seven years after a Monroe man attacked three men with butcher knives, allegedly killing one, the case experienced another setback when, on the eve of the second trial, the defendant decided he no longer wanted to represent himself.

More than two years after a Snohomish County Superior Court judge sentenced Kevin Rodriguez, 35, in 2021 to more than 20 years in prison, the state Court of Appeals tossed his manslaughter conviction due to improper jury instruction.

Around 9 p.m. Feb. 9, 2019, Evodio Garcia Martinez, 56, had already fallen asleep on the couch in his Monroe apartment when several of his roommates left for the Tulalip Resort Casino, court documents said. Garcia Martinez often slept with a blanket covering his face to muffle the noise of his roommates.

Around four hours later, the roommates left the casino, court documents said. Upon their return home, one of the men opened his bedroom door to find Rodriguez with two butcher knives and his face obscured by a baseball cap and a bandana. Rodriguez slashed the man across the face. Another roommate suffered a knife wound to his shoulder and elbow.

Two of the roommates retreated out the front door, court documents said. Rodriguez locked them out before heading toward the remaining roommates, who reportedly armed themselves with a vacuum cleaner.

During the struggle, the group bumped into the couch multiple times, resulting in the blanket sliding off and revealing that Garcia Martinez had suffered multiple stab wounds. Photographs of the blanket appeared to show several knife-sized cuts, indicating it was covering the victim during the stabbing, prosecutors wrote in court filings.

Around 2:26 a.m., Monroe officers responded to the incident, court documents said. Upon arrival, officers discovered the roommates had disarmed Rodriguez and tied his wrists with copper wire.

First responders pronounced Garcia Martinez deceased at the scene.

First responders transported Rodriguez to the hospital, court documents said. He was reportedly talking continuously, although little made sense except for one statement.

“I hurt him, I hurt him,” Rodriguez reportedly told police.

Inside Rodriguez’s jacket pocket, officers found a crumpled piece of foil and a lighter, court document said.

An autopsy of Garcia Martinez revealed the victim had suffered 10 to 20 wounds to his face, a large wound to his neck, and several others to his torso, arms, hands and feet, court documents said.

Prosecutors initially charged Rodriguez with second-degree murder with a deadly weapon enhancement and two counts of second-degree assault. In 2021, prosecutors amended Count 1, raising it to first-degree murder.

On the witness stand in 2021, Rodriguez told the court he acted in self-defence because Garcia Martinez had stood up and pointed a gun at him, according to previous reporting by The Daily Herald. He testified that his memory was fuzzy. Law enforcement was unable to locate a gun at the scene or at any point during the investigation.

He also told the court he had used methamphetamine that night and had a history of drug and alcohol abuse.

Forensic psychiatrist Dr. Mark Koenen told the court that methamphetamine has the potential to induce psychotic symptoms in users, including hallucinations, The Daily Herald article stated.

The jury acquitted Rodriguez of first-degree murder but left the verdict for second-degree murder blank, court documents said. Ultimately, they found him guilty of first-degree manslaughter and both assault counts.

The day of the sentencing, the defense filed a notice that they planned to appeal the case.

In a 2023 mandate, the court of appeals wrote that evidence presented at trial “created an inference” where jurors could have found Rodriguez guilty of second-degree manslaughter instead. But, Snohomish County Superior Court Judge Bruce Weiss declined to instruct the jury on manslaughter in the second degree.

First-degree manslaughter is classified as an individual’s reckless actions resulting in the death of another, whereas in the second degree, it’s their negligence. The jury was given instructions based on recklessness.

In the initial trial, one juror wrote to the court expressing confusion over possible charges.

“If we can’t decide between the degrees in 1 charge, does it automatically go to the lesser degree? Must it [be] unanimous?” the juror wrote.

Since then, the retrial has experienced multiple continuances.

In 2024, Rodriguez decided to represent himself, citing a difference in trial strategy between his attorney and himself in the 2021 trial. In a motion submitted to the court, he referred to the situation as a “legal nightmare.”

On Monday, the pre-trial hearings began with the motion in limine, where a judge decides on the exclusion of specific evidence or arguments without the jury present. After the motion, Rodriguez requested another continuance to obtain new counsel.

During court proceedings Tuesday, Rodriguez said he was just told that the amended information included a second-degree murder charge instead of manslaughter and that his trial strategy was “not good enough for this case.”

“I don’t like standing up and talking in front of people,” He added. “That could be a thing.”

In a 2024 waiver of counsel signed by Rodriguez, the word manslaughter in the second-degree manslaughter charge is crossed out to read murder.

Rodriguez’s stand-by counsel, Karim Merchant, said since the defendant was acquitted of first-degree murder, second-degree murder “attaches” to the acquittal.

“This is so obviously a double jeopardy issue,” Merchant said.

In the state’s trial brief, prosecutors state that since the defendant is being retried on homicide charges, they intend to proceed with the charge of second-degree murder. In the 2021 trial, the jury was hung on second-degree murder charges, leaving the verdict sheet blank.

Deputy Prosecuting Attorney Tyler Scott said he received the request at 9:30 p.m. Monday and does not feel there is sufficient notice.

“We’re essentially on day two of trial with 80 jurors sitting in our jury assembly room,” he said.

Snohomish County Superior Court Judge Cindy Larsen said she is inclined to grant the continuance due to its short length and her stipulation that there is no additional disclosure of witnesses outside of “extraordinary circumstances.”

“I am a little bit concerned that this is an attempt to delay trial in order to obtain additional witnesses,” she said.

Larsen asked Rodriguez if he understood that if he obtained new counsel, he would no longer have sole control over the defense’s trial strategy. He responded, “Yes.”

The court set a status conference for Friday regarding availability for trial.

Jenna Millikan: 425-339-3035; jenna.millikan@heraldnet.com; X: @JennaMillikan