Thread: FL: Case Dropped Against Illegal Immigrant in Killing

Prosecution drops case against illegal immigrant charged with killing pedestrian

* By AISLING SWIFT
* Naples Daily News
* Posted October 26, 2010 at 9:01 p.m., updated October 27, 2010 at 10:51 a.m.


Name: Lara Cruz, Evaristo Charge: OPERATE MTR VEH W/O VALID LIC CAUSING DEATH, LV SCENE ACC-ATT INVOLV DAMAGE TO PROP X2, ACC-LEAVING SCENE INJ/DTH Residence: Immokalee Age: 23 Occupation: Farm labor Case #: None yet available

CCSO


* Name: Lara Cruz, Evaristo
* Charge: OPERATE MTR VEH W/O VALID LIC CAUSING DEATH, LV SCENE ACC-ATT INVOLV DAMAGE TO PROP X2, ACC-LEAVING SCENE INJ/DTH
* Residence: Immokalee
* Age: 23
* Occupation: Farm labor
* Case #: None yet available

COLLIER COUNTY — An illegal immigrant charged with killing a 34-year-old pedestrian during a hit and run in Immokalee in December got lucky when an eyewitness disappeared and another was deported before trial.

Assistant State Attorney Ashli Gagliardi filed a notice of nolle prosequi, dropping the case against Evaristo Lara Cruz, 24, of Immokalee. He’d faced up to five years in state prison if convicted of driving without a license and causing a death, a third-degree felony.

But Lara Cruz won’t escape punishment in the Dec. 8 death of 34-year-old Angel Manuel Toxpa: He’s being held in the Collier County jail and faces deportation to Mexico.

“We nolle prossed it because we didn’t have any ‘wheel witnesses’ to identify the defendant as the driver,â€

They'll both show up in Cal. next week.