A Grand Jury is now indicting the 16-year-old accused arsonist for murdering her partner.
Jesse Young represents Marcell Dockery, who is now facing a charge of Felony Murder. Dockery allegedly admitted to detectives he was simply bored last weekend when he set fire to a mattress in the 13th floor of the Unity Towers housing project in Coney Island.
Rodriguez and Officer Dennis Guerra, the first to respond, were overcome by smoke the instant they stepped out of the elevator. Guerra was pronounced dead on Wednesday.
Dockery had already been charged with Arson and Reckless Endangerment. The death of Officer Guerra led prosecutors to seek a murder indictment.
"Both dedicated and courageous officers did not hesitate to risk their lives to save others," said Kings County District Attorney Kenneth P. Thompson, "We will bring the defendant to justice for these terrible and horrific crimes."
On Friday, Dockery's lawyer raised questions about his clients alleged confession amid reports the teen was heart knocking on doors to warn neighbors of the growing fire before the officers arrived.