Charges dropped in Figueroa fatal crash

Following an emotional hearing, charges were dropped Tuesday against the second driver involved in the January collision that killed popular Sahuarita High School student Danny Figueroa.

Despite hearing tearful pleas from the victim’s mother, Sonia Figueroa, Town Magistrate Maria Avilez accepted a motion to drop criminal and traffic charges against Dustin Bean, 18, of Sahuarita. Bean was one of two drivers involved in the wreck that cost the life of Figueroa, 16, a junior and a member of the school’s varsity basketball team.

Town Prosecutor Chris Wencker on Aug. 12 asked for dismissal of a criminal charge of causing death by a moving violation and civil charges of failure to stop at a red light and speeding. Charges earlier had been dismissed against the other driver, who drove the car in which Figueroa was a passenger.

Wencker argued that the evidence was not conclusive. After a lengthy investigation, Originally, Sahuarita police, who were assisted by two Pima County Sheriff’s deputies, asked that both drivers be charged rather than pinpoint one, because witness testimony was conflicting and physical evidence was not conclusive.

However, Sonia Figueroa on Aug. 12 and again on Tuesday told the court that she believed Bean was speeding, that his driving led to her son’s death, and that Bean deserved jail time. He would have been eligible for up to 30 days jail time.

At the Aug. 12 hearing, Sonia Figueroa said she felt that police had not considered all the witnesses and pleaded for a thorough review of the evidence. The judge temporarily denied Wencker’s request to dismiss and asked him to review the evidence, continuing the case until Nov. 4.

In the meantime, Bean’s lawyer, Stanton Bloom, asked for and was granted a hearing on Tuesday after Figueroa was contacted. Wencker affirmed that all known witnesses had been interviewed thoroughly.

Figueroa insisted that adequate weight was not being given to witnesses whose statements indicated Bean was at fault. In particular she mentioned the statement given by a retired Tucson police officer who was in a vehicle other than the two that crashed and who said Bean seemed to be speeding.

Daniel Figueroa was a front-seat passenger in a car driven by a 17-year-old Sahuarita male.

pfranchine@sahuaritasun.com | 547-9738