Updated:TITUSVILLE, Fla. —
A longtime Brevard County deputy who ran over a 20-year-old man in February won't face charges.
Channel 9's Christopher Heath obtained a Florida Department of Law Enforcement toxicology report, and dashboard camera video from the scene.
According to the toxicology report, a blood draw done moments after the crash showed that Brevard County Deputy Kent Sellers had a blood alcohol content of
.016, well below the legal limit.
According to reports, Robert Raja was not in a crosswalk when he was hit by Sellers. That, coupled with the toxicology results, means there will be no formal charges filed.
Dashboard camera video from a police cruiser shows the moments immediately following the accident involving the off-duty deputy and Raja, who was walking home from work.
Titusville police said they have finished their investigation and will file no criminal charges.
"As an extra precaution, we had the case reviewed by the state and they agreed," said Maj. Todd Hutchinson of the Titusville Police Department.
On the night of Feb. 2, Sellers and his wife were returning home from a restaurant. According to investigators, Sellers was behind the wheel when his minivan hit Raja.
The police video and recorded 911 calls show Sellers at the scene, but not near Raja.
Adding further confusion,
Sellers' wife took the minivan home. Police said that while that is unusual, it is not illegal.
"In this case, it did make it slightly more difficult for investigators because the vehicle was not at the scene," said Hutchinson.
"I remember the guy that got hit laying in the road," said Britney Mullins, who arrived at the scene moments after the accident. "It was pretty scary because there is nothing you can do for them except call 911 and wait."
Her sworn statement that night is part of the investigation.
said because the victim was out of the crosswalk and because evidence showed Sellers remained at the scene, there will be no charges.
Raja remains in the hospital in a coma.