18-MONTH TERM IN CRASH THAT KILLED BOY, 11; PREVIOUSLY ARRESTED DRUNK DRIVER
CROSSED CENTER LINE, HIT 3 CARS ON EASTER SUNDAY
KATHERINE SHAVER
WASHINGTON POST STAFF WRITER
Saturday, December 19, 1998
; Page B03
Christopher Jonathan stood before a Montgomery County Circuit Court judge
yesterday and talked of his 11-year-old son, Niranjen, a fifth-grader with
straight A's and ambitions of becoming a neurosurgeon and professional
basketball player.
Then he recalled Easter Sunday. That was the night Leonilo Urbano
Figueroa, a restaurant cook who had been arrested on drunken-driving charges
three weeks earlier, crossed the center line on Darnestown Road, hit two cars
and slammed into the minivan in which Niranjen was riding.
"My son's blood was flowing into the darkness," Jonathan told the judge.
"Can you imagine the horror of watching your son drift away?"
Judge Nelson W. Rupp Jr., who has a young boy of his own, said he could
not. He sentenced Figueroa to four years in jail, suspending all but 18
months. With good behavior and credit for time served, Figueroa could be
released in five months, a jail spokesman said. A Jonathan family friend
criticized the sentence as surprisingly light.
Rupp also gave Figueroa, 32, five years of supervised probation and
ordered him to pay Niranjen's parents $15,800 in restitution. Figueroa must
attend Alcoholics Anonymous meetings, get alcohol-abuse treatment and install
a device in his car that will not let him drive if he has been drinking. Also,
he must serve 1,000 hours of community service.
Almost four hours after the collision on April 12, Figueroa's blood
alcohol content measured 0.22 -- more than twice the state's legal limit. His
Toyota 4Runner hit three cars that night, injuring 12 people and spreading
wreckage almost a mile.
In that wreckage, police found Figueroa's temporary license -- his
permanent driver's license had been confiscated during a previous arrest --
and an empty beer carton. Figueroa pleaded guilty to five charges, including
manslaughter and failing to stop after an accident.
Rupp said Niranjen's death "dramatically highlights" the courts' "real
weakness" in dealing with drunk drivers. Figueroa, the judge said, should not
have been released without being ordered to undergo alcohol-abuse treatment
that might have prevented Niranjen's death. "It makes absolutely no sense that
immediate treatment was not imposed," Rupp said.
Defense attorney Leonard R. Stamm said Figueroa worked as a cook at the
Cheesecake Factory and the Silver Diner on Rockville Pike to send money to his
parents, wife and three children in Mexico. He is an alcoholic who has never
gotten help, Stamm said.
Niranjen, known to friends as Alvin, was described in court as precocious
and religiously devout. His family brought a gold-framed school photograph
with them, passing it to the judge at the start of the sentencing hearing.
Figueroa offered an apology, his head bowed and his hands folded.
"I'm very sorry for him and his family and all other people affected by
what I did," Figueroa, of Wheaton, told the judge through an interpreter. "I'm
ready to accept whatever your honor thinks is fair."
The Jonathans departed immediately after the sentencing, leaving friends
to speak for them. Alan Bowser, a lawyer who works with Niranjen's father at
the World Bank, said he was surprised and saddened by the sentence. Eighteen
months, he said, is meager justice considering Figueroa faced up to 10 years
in prison.
"I expected something much more severe," Bowser said.
Articles appear as they were originally printed in The Washington Post and may not include subsequent corrections.
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