Officer Jeremy Brinton

A driver hit and killed Officer Jeremy Brinton on May 20 but prosecutors say the driver won't be charged.

TUCSON, AZ (AP) — Santa Cruz County prosecutors said they won’t file any charges against a driver accused of fatally hitting a Nogales police officer five months ago. Authorities said Jeremy Brinton was hit and killed by a car on Interstate 19 near Mariposa in May.

County Attorney George Silva told Tucson TV station KGUN9 that prosecutors didn’t have enough evidence to proceed with criminal charges. Silva said there was no evidence of drug or alcohol impairment or evidence to suggest the driver was distracted by use of a mobile device.

He added that the Arizona Department of Public Safety did three reconstructions of the fatal incident and it became apparent that it would be extremely difficult to see anyone on the roadway at the time of impact.

Brinton served 18 years with the Nogales Police Department and is survived by his wife and four children. A memorial wall was dedicated to Brinton earlier this month in Nogales.

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