Updated Thu, Oct 13, 2011 1:39 pm
The Athens County Grand Jury has decided there is not enough evidence to indict a West Virginia man on vehicular homicide charges in the deaths of an Albany couple.
Mary Hart, 70, and her husband, Fred Hart, 72, were killed in July after their vehicle was struck from behind by a second vehicle driven by William O'Connor, 34, of Fairmont, West Virginia.
It happened on US 50 near Albany.
Prosecutor Keller Blackburn says the case will be referred back to the Ohio State Highway Patrol to file misdemeanor charges against O'Connor.
Lieutenant Jeff Skinner of the Athens post of the State Highway Patrol said toxicology tests came back showing that there were no drugs in O'Connor's system at the time of the accident.
O'Connor didn't have alcohol in his system either.
Investigators at the time said "driver inattention" is likely what caused the crash.