Deadly hit-and-run case against elderly man is dismissed, ruled incompetent
88-year-old Hector Contreras ruled not-competent and not-restorable by doctor, state drops case
YUMA, Ariz., (KYMA, KECY) - In a shocking turn inside a Yuma County Superior courtroom, the man accused of leaving the scene of a crash that resulted in the death of another man has been let go of his charges.
88-year-old Hector Contreras walked out of court Tuesday morning a free man after the state announced they had to drop the case against him - due to being ruled not-competent and not-restorable by a doctor after a court-ordered mental evaluation.
Contreras was charged with leaving the scene of an accident resulting in injury last October after hitting a 41-year-old pedestrian on South 4th Avenue and 16th Street, causing severe injuries.
After battling through several surgeries, the victim died in June just days before his 42nd birthday.
This caused a delay in the case due to the fact that leaving the scene of an accident resulting in death increased the punishment to a first-degree felony, while the state also waited on the results of a mental evaluation.
The evaluation was ordered after it was noted in May that Contreras was diagnosed with increasing dementia - which was decided could have been a factor in the accident.
Tuesday in court, state prosecutor Meaghan Gallagher announced to judge Brandon Kinsey that the state received the mental evaluation under Rule 11 and found out Contreras was ruled incompetent.
In turn, they had to drop the case based on the "lawful and constitutional right" of the defendant.
Gallagher stated "with the deepest, deepest sympathies from the state to the family, we have to drop the case."
The victim's mother then stepped forward and emotionally voiced her opinion on the matter.
"As I have said before, I don't understand how this is fair," said the mother. "Something very special and precious was taken from us. I don't know why he (Contreras) was driving considering he was incompetent."
In the end, Contreras avoids a prison sentence that could have been punishable up to 30 years and a $10,000 fine, if convicted. It also takes away any restitution potentially owed to the family of the victim.
