Eighty-seven-year-old James Kelly died in June after Herman accidentally backed over him with her car as she pulled out of her driveway. Herman says she never saw him.
Now a Tallahassee Police investigation is complete. It indicates Kelly was likely already down on the pavement when Herman struck him.
"In the findings of the report, it was noticed that on the back of the trunk of the car there was dust and some debris on there that was not disturbed. There was no smudge of hand prints or any type of connection where Ms. Herman would have struck the individual."
Assistant State Attorney Ron Flury reviewed the report and agreed no criminal charges were warranted. He called it an unfortunate accident.