9 Investigates

9 Investigates evidence backlog at state crime lab

ORANGE COUNTY, Fla. — 9 Investigates learned a backlog at state crime labs is delaying justice for families across the state.

One Central Florida family has been waiting two years to see the driver arrested who hit and killed their son. Johnny Figueroa Jr., 22, when he left his shift at Walmart the night of Jan. 5, 2015. A driver hit him as he crossed into a median on U.S. 27 in Clermont.

"I must have called him so many times that night," the victim's father, Johnny Figueroa Sr., told investigative reporter Daralene Jones. "A bus driver found his lifeless body."

Figueroa Sr. spotted the crime scene headed to work.

“I saw somebody covered there, and something told me inside, that's my son,” Figueroa Sr. said.

The Florida Highway Patrol confiscated and collected evidence from the vehicle investigators believe hit Figueroa Jr. The homicide team needs confirmation that trace evidence, which can be the size of a spec of dirt, connects the driver to the scene.

Jones found out the driver who FHP homicide detectives believe hit Figueroa Jr., submitted an insurance claim for the accident, and the insurance company paid the family $10,000. Jones asked investigators with FHP how a single piece of evidence could hold up an arrest.

“We need evidence. Actual hard factual evidence to complete a judicial process,” Trooper Steve Montiero said.

9 Investigates discovered there is a backlog processing evidence at the Florida Department of Law Enforcement crime labs. The crime labs receive evidence for every police agency statewide, and trace evidence has the longest turnaround time.

Analysts received evidence in the Figueroa Jr. case 25 days after he was killed.

“Much of the backlog is due to our positions. Our case load and then our training of the people in those positions to get to them to the point they become efficient analysts for our agency,” FDLE special agent in charge, Danny Banks, told Jones.

FDLE received $3.9 million in July from the state. The money increased pay for 297 crime lab analysts and supervisors. Agency leaders believe that should reduce turnover caused by trace analysts who require two years of additional training.

“We're not blind to the fact that we've got a backlog, but it's an absolute priority of our agency,” Banks said.

Justice is a priority for Figueroa Sr.

“He wanted to do something, but he didn't get the chance," he said.

Just this week, 9 Investigates found out the Florida Department of Law Enforcement returned the results of the trace evidence and forwarded the case to the Lake County State’s Attorney Office for review.

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