A family waited two and a half years for justice against the man accused of killing their son and brother, and they recently found out he won't be charged.
The hit-and-run case that left 22-year-old Johnny Figueroa dead on the side of the road in Clermont has been closed for lack of evidence.
Ever since January of 2015 the promise of justice has kept Johnny Figueroa Sr. going.
“I think 99 percent of the time, he’s always smiling,” said Figueroa Sr. as he points to a picture of his son in his wallet.
He talks about Johnny in present tense because for him, past tense feels too final.
On Jan. 5, 2015, a driver hit his son and drove off.
Within 24 hours, troopers said someone had turned him in, along with a car covered in physical evidence he had hit Figueroa Sr.'s son.
"You know, everybody sympathizes. 'Oh, I'm sorry, we're sorry what happened.' That's not what I want to hear. I want them to do something,” said Figueroa Sr.
Through two years of investigation and a wait behind the Florida Department of Law Enforcement's backlog of evidence, Figueroa Sr. said he assumed justice would come.
On Monday, Lake County prosecutors said even though the driver admitted he was behind the wheel, there was no evidence he knew he hit a human.
The driver claimed he thought he hit an animal.
Without that, there’s no crime in the eyes of the law.
"We know how frustrating it is from day one. A loved one's been left on the side of the road to die. To not even receive the basic human help,” said Sgt. Kim Montes, of the Florida Highway Patrol.
Montes said it happened too often, and more often in Central Florida than anywhere else in the state.
A new trooper dedicated to cold case hit-and-runs brought charges in 21 of the 31 cases he was assigned.
Those drivers now face mandatory minimum 4-year prison sentences, if they're charged and convicted.
But Figueroa Sr. worries he will never get justice.
"You hit somebody and leave? Why (not) stay? That's the message out there. Hit somebody and leave,” said Figueroa Sr.
Cox Media Group
