5,000 signatures reached
To: Monterey Superior Court & Monterey County District Attorney
Justice for Rosie Figueroa - Reopen Clarke Case and Disclose DNA Results
On December 20, 2019, Rosie Figueroa from Salinas CA died on-site when her car was hit by a drunk driver from Carmel Valley, Jacques Clarke. His blood-alcohol level was nearly twice the legal limit.
On December 3rd, 2020, Clarke's case was dropped from the Monterey Superior Court based on inconclusive evidence: results from a DNA analysis of the passenger-side airbag.
The DNA analysis is inconclusive because 1) it does not disclose DNA of the driver's airbag; 2) Rosie's car was impacted so heavily that it spun out of control (news footage in link below) - but only the passenger side window of Clarke's car was damaged, which could have caused a delay in driver airbag.
Additionally, the DNA analysis is inconclusive because Mazda (the type of car Clarke was driving) has had many airbag recalls in the last decade. It is possible that the passenger airbag went off before the driver side.
Footage can be seen here: https://www.ksbw.com/article/deadly-dui-suspect-out-of-residential-rehab-in-court-wednesday/31008294
Dropping ALL charges based on inconclusive evidence has left the Figueroa family - including Rosie's daughter - confused at the dismissiveness of the court.
We want the Monterey Superior Court to:
- Disclose the DNA analysis report of BOTH the passenger-side airbag and driver's side airbag.
- Disclose the original police report of the incident.
- Re-order a second opinion of DNA testing - with public hearing to accompany.
- Re-open the case - and charge Clarke with DUI collision and death of Rosie Figueroa.
On December 3rd, 2020, Clarke's case was dropped from the Monterey Superior Court based on inconclusive evidence: results from a DNA analysis of the passenger-side airbag.
The DNA analysis is inconclusive because 1) it does not disclose DNA of the driver's airbag; 2) Rosie's car was impacted so heavily that it spun out of control (news footage in link below) - but only the passenger side window of Clarke's car was damaged, which could have caused a delay in driver airbag.
Additionally, the DNA analysis is inconclusive because Mazda (the type of car Clarke was driving) has had many airbag recalls in the last decade. It is possible that the passenger airbag went off before the driver side.
Footage can be seen here: https://www.ksbw.com/article/deadly-dui-suspect-out-of-residential-rehab-in-court-wednesday/31008294
Dropping ALL charges based on inconclusive evidence has left the Figueroa family - including Rosie's daughter - confused at the dismissiveness of the court.
We want the Monterey Superior Court to:
- Disclose the DNA analysis report of BOTH the passenger-side airbag and driver's side airbag.
- Disclose the original police report of the incident.
- Re-order a second opinion of DNA testing - with public hearing to accompany.
- Re-open the case - and charge Clarke with DUI collision and death of Rosie Figueroa.
Why is this important?
Analysis is at best still subjective and at the mercy of the one doing the analysis.
Rosie deserves justice. Her daughter deserves justice. Her family deserves peace. At the site of the crime, Clarke had the car fob in his pocket, the driver's seat of his car fit his physical build, and the car was under his name.
Please sign this petition to re-open the case and have justice served in an underserved community.
Rosie deserves justice. Her daughter deserves justice. Her family deserves peace. At the site of the crime, Clarke had the car fob in his pocket, the driver's seat of his car fit his physical build, and the car was under his name.
Please sign this petition to re-open the case and have justice served in an underserved community.