Sentencing delayed for driver charged in fatal hit-and-run crash that killed UF student

Katie Delk
·2 min read
A photograph of Maggie Paxton, a UF student who died in a pedestrian crash along West University Avenue earlier this year, during a press conference where attorneys for the families read a statement from the families, in Gainesville Fla. March 3, 2021. Attorneys for the families have filed wrongful death lawsuits against the drivers and car owners in the crash.

A judge on Wednesday postponed the sentencing of a driver charged with a tragic hit-and-run crash that resulted in the death of a University of Florida student.

The defendant, Joshua Figueroa, 32, of Gainesville, faces a maximum of 30 years in prison but has been in the hospital since Sunday, Fresh Take Florida reported. Attorneys in the case have not detailed the cause for his hospitalization.

Figueroa, who has changed his plea from not guilty to no contest, is accused of fleeing the scene after hitting and killing Margaret "Maggie" Paxton on Dec. 9, 2020 while she was crossing West University Avenue near Gale Lemerand Drive in Gainesville. He was arrested about six months after her death by Gainesville police.

“The family wants closure; they want resolution,” said Darry Lloyd, the chief investigator for the State Attorney's Office. “This is just yet another delay.”

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Figueroa's attorney, Robert Rush, did not return calls or an email seeking comment Wednesday.

Judge earlier struck down plea agreement for minimum sentence

Alachua County Circuit Judge Phillip Pena is presiding over the case. On March 28, he struck down a plea agreement between the prosecution and defense that called for the minimum mandatory sentence of four years in prison, 10 years of felony probation and three years without a driver's license. Paxton's family also objected to the deal, calling Figueroa a "coward" in court after he accepted "responsibility" for her death, WUFT reported.

“He chose to run, hide and lie for seven months to conceal his felony,” James Paxton, the victim's father, previously said in court.

Figueroa's new sentencing date has been preliminarily set for Friday at 8:30 a.m., court documents show. Pena was adamant on Wednesday that he wanted to resolve the case by next week.

Fresh Take Florida also reported Wednesday that Paxton may have been crossing a busy street illegally, though prosecutors say the crime solely lies with Figueroa, who fled the scene and hid his damaged vehicle at his father's auto body shop after hitting Paxton.

“Regardless of whether someone crosses the road illegally, you render aid,” Lloyd said.

Friends of Sophia Lambert and Maggie Paxton, two UF students who died in pedestrian crashes along West University Ave. earlier this year, listen during a press conference as attorneys for the families of the two women killed read a statement from the families as they hold a press conference, in Gainesville Fla. March 3, 2021. Attorneys for the families have filed wrongful death lawsuits against the drivers and car owners in the crash.

Paxton's death has resulted in a demand for action among UF students. Gainesville, UF and state officials have also lowered the speed limit around campus and installed speed bumps in an effort to prevent future tragedies around one of the busiest parts of town.

Paxton's mother, Lisa Paxton, said Wednesday in an email that the family had no comment at this time. In June, she posted to Facebook "We appreciate your continued support as this part of our nightmare finally comes to an end.”

This article originally appeared on The Gainesville Sun: Sentencing delayed for driver charged in fatal UF student hit-and-run