Man dies after being hit by Port Orange police officer

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VOLUSIA COUNTY, Fla. - The family of a motorcyclist who was fatally struck by a Port Orange police officer's patrol car in December said it plans to file a lawsuit.

Andrew McIlvain, 39, was hit by Officer Silvio Portillo while riding a small motorcycle on Dunlawton Avenue at Village Trail on Dec. 21.

McIlvain was westbound on Dunlawton Avenue when Portillo hit him from behind, troopers said. The victim was thrown from the motorcycle and rushed to Halifax Medical Center.

McIlvain, a Navy veteran and father of two, was taken off life support on Sunday.

Family members of McIlvain have hired attorney Michael Politis and plan to file a lawsuit against the city.

Politis told Channel 9 that Portillo was driving well above the 50 mile per hour speed limit at the time of the crash and wasn't using his emergency lights. McIlvain was wearing reflective clothing and his motorcycle had a working tail light, according to Politis.

The Florida Highway Patrol said charges are pending against the officer and the crash remains under investigation. Portillo is still employed by the Port Orange Police Department, but has been put on paid leave.