The Florida Highway Patrol has decided not to file charges in a fatal traffic crash that involved a Cape Coral driver.
Christopher Scott Simonton, 46, of North Fort Myers, was hit by a vehicle and killed on Nov. 23 when he attempted to cross U.S. 41 near Brown Road. The driver, Ashley Nicole Derose, who was 21 at the time, was not injured.
According to a FHP report, Simonton had crossed the southbound lanes of U.S. 41 and had stopped in the grass median. Derose was traveling north in the inside lane of U.S. 41 when Simonton entered the road and was struck.
On Thursday, the FHP reported that the crash was no longer under investigation. No charges will be filed in connection to the accident.
According to the report, Simonton violated Derose’s right of way when he attempted to cross U.S. 41 and was struck. Officials were awaiting test results to determine if Simonton was intoxicated when the crash occurred.
Derose was not impaired at that time of the crash, officials reported.