Missing witness could jeopardize deadly hit-and-run case that killed principal’s brother

The case against a man accused of leaving the scene of a deadly hit-and-run crash in Little Havana may be in jeopardy after the disappearance of a key witness.

Tomas Brito, 40, the brother of Humberto Brito, principal of Nautilus Middle School, was struck and killed in March 2024 while crossing Southwest 8th Street.

“My brother was someone that was loved. That had a lot of positive impact on a lot of people, ” Humberto Brito said about his brother Wednesday. 

Police say Victor Rubio was behind the wheel when he crashed into Brito, fled the scene and later falsely reported his vehicle stolen. Rubio has since been in jail and charged with leaving the scene of a crash involving death and filing a false police report.

According to an arrest report, Rubio was speeding in his gold 2008 BMW 128i on Southwest 8th Street near Southwest 8th Court shortly after 8:30 p.m. when he struck Brito, who was crossing midblock.

Video obtained by NBC6 showed Brito being struck by the car. In the video, one can hear when the car hits the brakes but does not stop, taking off as Brito’s body hits the pavement.

Victor Manuel Rubio is facing charges in the Little Havana hit-and-run that killed Tomas Brito.

Brito was rushed to a nearby hospital but died from his injuries.

After the crash, Rubio turned off his headlights and fled the scene without stopping to assist Brito, the report said.

The next day, March 13, the BMW was found abandoned with extensive front-end damage and a shattered windshield.

The BMW had suspected blood splatter on the driver’s side and hair embedded in the windshield, the report said.

According to the report, Rubio had reported the BMW stolen just after 10 p.m. on March 12, less than 90 minutes after the fatal hit-and-run. 

However, court records now show that the only witness who could identify Rubio as the driver cannot be located. After multiple unsuccessful attempts to find the witness, a judge ruled the individual would be excluded from the case.

Rubio’s defense attorneys now argue that without that testimony, prosecutors lack sufficient evidence to move forward with the hit-and-run case. They are asking the court to dismiss the charges connected to Brito’s death.

Prosecutors acknowledge that the missing witness presents a challenge, but presented some evidence Wednesday to try to connect Rubio to the hit-and-run. 

While what will happen to the hit-and-run case is up in the air and a defense request to dismiss the charges is pending, prosecutors argued Wednesday for a judge to sentence Rubio for allegedly violating his probation. 

At the time of the crash, Rubio, a convicted felon, was on probation for an unrelated child abuse conviction, where he was guilty of blowing smoke to a child’s face, which consisted of meth.

Prosecutors tried in a Wednesday hearing to prove he violated the terms of that probation — a violation that could result in a prison sentence of up to 40 years.

A judge has not yet ruled on whether there is enough evidence to sentence Rubio for violating probation.

In response to the legal challenges the case now faces, Humberto told NBC6 that they believe in the justice system. 

“It’s not a matter of us having the mindset of he will get to walk without any consequence but really just trusting the system and understanding that the right thing will come out of this,” Brito stated. 

Rubio has pleaded not guilty. 

The hearing will continue next week.