Miami man accused of destroying tombstone of someone killed by drunk driver

MIAMI – Miami police arrested a man accused of destroying the tombstone of someone killed by a drunk driver.  Investigators charged Brian Rodriguez, 24, with burglary, disturbing contents of a grave and criminal mischief Thursday.

Police called it “a despicable act of vandalism and defacement.”  

Video recorded someone spray painting a tombstone, cracking it with a hammer, and kicking down flowers. 

Authorities said the suspect shared images of it all on Instagram, then tagged the sister of the man whose grave was vandalized. That man died in a drunk driving crash with three others, including Yuhlia Gelats-Medina on New Year’s Day 2021.

“We are glad (police) arrested (Rodriguez),” Andres Medina told CBS News Miami over the phone Thursday evening. 

Medina said someone twice vandalized memorials for victims of the crash.  Authorities did not charge Rodriguez for those crimes.

“Love always wins,” Medina said.  “Hatred can come 20 times but love is going to come 20 times the day after.”

Five months ago, a video posted to Instagram through “a fake account” showed someone kicking a photo and flowers next to a headstone at Woodland Park Cemetery in Little Havana, according to court records. 

The vandal also spray-painted the headstone, according to court records.

The family of the man buried there said an unknown person tagged them so that the family could see the vandalism, according to court records. The cemetery manager then installed a camera near the victim’s enclosure, according to court records.

In June, the victim’s family saw a second video on Instagram, court records said. Cameras recorded the crime and relatives of the victim identified the suspect as Rodriguez, who is personally known by a friend of the family, court records said.

Police took a description of Rodriguez’s car and found his cell phone number. Burglary detectives spent months investigating. After examining data from Rodriguez’s cell phone, authorities pinged his location to the cemetery, according to court records.

Investigators released images of the crime as a warning that such vandalism will not go unpunished.

“This arrest marks a crucial step towards justice and sends a resounding message that acts of desecration will not be tolerated within our community,” MPD spokesperson officer Kiara Delva said in a statement.