Valley City (CSi) —  Barnes County State’s Attorney Carl Martineck says there’s insufficient evidence to pursue criminal charges against a driver whose pickup truck fatally struck a 92-year-old woman in a Valley City crosswalk.

Investigators ruled out cellphone use, speed, alcohol and drugs as factors in the crash.

Phone records showed that the driver, 32-year-old, Robert Mittleider, used his phone about 20 minutes before the crash and again over an hour afterward but not at the time of the crash.

Valley City Police reportedthe crash happened about on Jun 22, 2014, 6:20 p.m. as Rita Weber was crossing Sixth Street Northwest. Mittleider was driving north on Central Avenue North, and when he turned left to go west on Sixth Street, he did not see Weber walking south in the crosswalk and hit her, according to police.

Weber, of Valley City, died June 30 at a Fargo hospital.

Valley City Police Chief Fred Thompson says Mittleider could either be cited for making an improper turn, failing to yield to a pedestrian in a crosswalk or both.

Each citation would require Mittleider to pay a fine of about $50.