ORLANDO, Fla. — A garbage truck driver faces a charge, more than four months after he fatally struck a 73-year-old Orlando man in the Lake Nona development, the Florida Highway Patrol said.
The 43-year-old FCC Environmental driver received a noncriminal citation this week.
Jim Lear was walking his dog, Nicki, near his Prestbury Drive home when the truck backed over the pair, troopers said.
[ Read: Lake Nona community holds vigil for man, 73, killed by garbage truck ]
"(It) looks like this gentleman was crossing the road with his dog," FHP Lt. Kim Montes said. "The law requires the driver that's backing up to make sure he does so in a safe manner, and in this case, he did not."
The charge levied by FHP of improper backing involving a death carries an automatic six month driver's license suspension and a $164 fine, but before that goes into effect, the driver must first face a judge, who could also impose a greater penalty, such as a longer suspension or a heftier fine.
No penalty will be official until the driver goes to court. Channel 9 learned that a court date for driver Walner Jean Phillippe hasn't been scheduled yet.
"If they impose driving school, if they impose fines, if they impose additional suspension, that is up to a judge to decide," Montes said.
FHP said it was the strongest charge troopers could make under state law.
"We inspect the truck, make sure that the driver was not impaired, which he was not," Montes said. "All those were taken into factor, and then we look at what state statutes were violated."
Three weeks before Lear's death, 1 mile away from where he died, a 55-year-old Orlando Utilities Commission contractor was thrown from a bucket truck when it was sideswiped by another FCC Environmental driver who tried to pass it along a narrow street, troopers said.
[ Read: FHP: Orlando man struck, killed by garbage truck while walking dog ]
Channel 9 asked FCC Environmental if it still employs the driver who hit Lear, but the company hasn't responded yet.
FHP said it expects to release its complete investigation within several days.
Attorneys for Lear's family told Channel 9 that they're waiting to comment until they can review the final report.