Prosecutors did not file charges against a man accused of hitting and killing another man last month while allegedly driving under the influence in Palm Springs.
Assistant State Attorney Laura Laurie wrote in court documents from July that there was probable cause to arrest Yolexy Cuellar Perez, 36, in the July 21 crash, but "the evidence cannot prove all legally required elements of the crime alleged."
Cuellar Perez was accused of hitting and killing 66-year-old George Dietel with his truck near Congress Avenue and Forest Hill Boulevard in Palm Springs.
He refused to take any blood-alcohol tests and said he had not been drinking, according to the arrest report. Authorities said his words were slurred, his breath smelled of alcohol and he was deliberately “trying to walk normal.”
When Cuellar Perez made his first appearance in court July 23 on one count of DUI manslaughter, Palm Beach County Circuit Judge Ted Booras said he was confused why there had been no blood-alcohol test conducted in the case.
"I'm a little miffed they didn't forcibly take blood on a manslaughter case," Booras said.