OMAHA, Neb. (AP) — Douglas County prosecutors have decided not to charge a woman with vehicular homicide in the death of a 90-year-old struck by her pickup as he mowed his lawn.

A news release said Friday that Donald Fitzwater was making U-turns on 261st Street while driving his riding mower back and forth May 19 and was struck by 54-year-old Brenda Nelson’s truck. Her blood later tested out nearly twice the legal limit.

Prosecutors say Nelson won’t face a homicide charge because evidence suggests the accident still would have happened even if Nelson were not intoxicated. The mower’s presence on the road was a contributing factor.

The prosecutors say Nelson will be charged with driving under the influence. Court records don’t list the name of her attorney.