Henderson man gets life sentence in killing of father

Thursday, May 27, 2004 | 9:25 a.m.

A 21-year-old Henderson man was sentenced Wednesday to life in prison with the possibility of parole after 20 years for killing his father.

David Rodius entered a plea agreement to charges of second-degree murder with use of a deadly weapon for shooting 58-year-old Daniel Rodius with a .45-caliber handgun after a fight at their home in the 2000 block of Majestic Peak Drive on Jan. 1, 2003.

David Rodius received life with possibility of parole after 10 years and a duplicate sentence for using a deadly weapon to commit the murder. The sentences will be served consecutively.

Rodius' attorney, Deputy Public Defender Bob Amundson, said the murder, which has torn the Rodius family apart, occurred after Rodius, his parents, sister and brother returned from a trip to Mexico.

Amundson said Rodius took some drugs during the trip and was arrested in Mexico for "taking a knife to a bank teller at a kiosk." While in the Mexican jail Rodius was ranting and drinking water out of the jail's urinal, according to Amundson.

Rodius was released from the jail and taken to a hospital where he was treated for a bruised eye he received in prison. He was also tested for drugs, and the test detected only marijuana's active ingredient, tetrahydrocannabinol, or THC, in his system. Rodius told Amundson that he took some methamphetamine and possibly peyote during the trip.

His parents brought him back to the United States and on New Year's Day decided to check him into a hospital for psychiatric treatment. Rodius resisted, and his father, with a hatchet in his hands, confronted Rodius, telling him to do what he was told, according to Amundson.

"His (Rodius) father left the room and then his brother saw Rodius standing with a gun in his hand," Amundson said. "His (Rodius) father came back in the room and Rodius shot him. He (Rodius) left the house but returned to the house telling police that had arrived, 'I thought I was Jesus.' "

Deputy District Attorney Marc DiGiacomo said no evidence existed that drugs ingested by Rodius caused him to commit the murder.

"I looked at the psychiatric evidence presented by the defense and if it is in fact true I don't think the defendant was under a drug-induced psychosis during the murder," DiGiacomo said. "There were no hallucinogens in the system at the time of the murder. There was definitely something wrong with him (Rodius) for him to do this, but not because of drugs."

Amundson said since the murder, Rodius' mother and sister, Tracy, have been asking that David Rodius be given probation, while his brother, Mark Rodius, and another sister, Stacy, requested that he not be allowed out of prison.

"This (the murder) has torn apart this family," Amundson said. "The mother and sister don't even talk to the brother and other sister anymore, it's terrible."

DiGiacomo said the family split over what Rodius' fate should be was part of the reason a plea agreement for second-degree murder was offered.

"Everyone in this family was taking a different position," DiGiacomo said. "You had half saying they wanted him (Rodius) in prison and half saying they wanted him (Rodius) to walk away free. There is no doubt that these split feelings came into play as we offered a plea agreement for second-degree murder."

Amundson said Rodius has been taking Prozac since being incarcerated, and now understands what he did and the consequences he now faces.