A jury found Aristh Rodriguez-Linares guilty of manslaughter and two other felonies Wednesday in Dawson County District Court.
The 35-year-old Lexington man had been charged with first-degree murder in the shooting death of Maykel Farinas Carballo on Jan. 21, 2025. The jury found him guilty of a lesser charge, as allowable under Nebraska statute.
Rodriguez-Linares was also found guilty of use of a firearm to commit a felony, a Class 1C felony; and unlawful/intentional discharge of a firearm, a Class 1D felony.
Sentencing by District Judge Chawnta M. Durham is set for 10:30 a.m. Monday, Sept. 28.
The jurors heard closing arguments Wednesday morning before deliberation began.
State Assistant Attorney General Sandra Allen took the floor, providing statements that the state proved beyond a reasonable doubt that Rodriguez-Linares killed Carballo with malice and pre-mediation.
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“Rodriguez-Linares left the safety of his home with a gun,” Allen said. “He could of called the police if he felt threatened.”
“This never needed to happen,” she added.
Allen raised a question to the jury, “Is it self-defense to fire 11 rounds into a vehicle?”
Allen walked the jury through key points witnesses made that contradicted Rodriguez-Linares account of Jan. 21, 2025, stating he did not tell officers he was injured after being struck by the Monte Carlo and he did not tell officers that it was Carballo that showed up to his house the night of Jan. 2, 2025, after calling 911.
She further told the jury that the analysis provided by Sgt. Dion Neumiller proved that it was unlikely Rodriguez-Linares fired his gun from a seated position.
“He’s making up a story to claim self-defense,” Allen said.
Allen told the jurors to think about Rodriguez-Linares testifying that he said it was a short amount of time between the last call he received from Carballo and the knock on the door Jan. 21.
She said there was 39 seconds between the last call and the first shot heard on the surveillance video camera audio from the office of Willow Ridge Trailer Court.
“There was no time for a discussion with Carballo, bang his fist on the his car, get in the car, put his seatbelt on and drive forward before Rodriguez-Linares fired the first shot.
“Mr. Rodriguez-Linares walked out of his residence and started firing,” Allen said. “That proves beyond a reasonable doubt that Rodriguez-Linares committed first-degree murder.”
Allen finished, saying, “It didn’t have to happen. He didn’t even have to be outside, and he needs to be held accountable.”
David Tarrell, defense attorney, then provided his closing argument, highlighting that Rodriguez-Linares did not want Carballo at his house the night of shooting, and all the threats Carballo sent to Rodriguez-Linares.
Tarrell told the jury to remember that the Monte Carlo was in drive and doors locked. “Why would he put the car in drive? … to drive forward and hit Aristh.”
He said there were problems in the investigation, that Carballo was angry, high and wanted to harm Rodriguez-Linares, that Carballo’s wife testified that she didn’t know her husband did drugs, and that Rodriguez-Linares sent only one text response to Carballo on that night.
“This is not a game. This is not a contest to win. The stakes are high for my client,” Tarrell said.
Tarrell said that when humans are in danger “we worry only about our survival. We don’t always have a clear memory.”
He said that Rodriguez-Linares was only trying to go back into his home.
Tarrell asked the jury to find his client not guilty on all the charges. “Let him go. Let him go where he was trying to go that night. To his home,” Tarrell finished.
Allen provided a brief rebuttal, stating that Carballo was leaving after Rodriguez-Linares wasn’t responding, but pulled back into the driveway after Rodriguez-Linares went outside, and that’s why the car was in drive.
She reminded the jury that Rodriguez-Linares put in a request nearly two months after the shooting, where he told doctors he was hit by a car before being in jail.
Allen said that there was only one minute between the last gun and the time the police were called before playing the video of the gunshots being recorded from the camera of the trailer court office.
“Are those the gunshots?” Allen finished.
