(WHTM) – An East Pennsboro Police officer will not face criminal charges after a fatal off-duty crash.

The April accident on I-81 in Harrisburg near the Front Street exit killed Jeffrey Hanwell of Abbottstown, Adams County. Hanwell was on the shoulder of the highway helping a driver whose truck had broken down.

According to police, Keith Morris crossed over the fog line and hit the disabled box truck that was sitting on the shoulder of I-81 along with an individual who was standing outside of it.

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Dauphin County District Attorney Fran Chardo says because there’s no evidence Morris acted recklessly, he will not be charging him.

“The driver acted with mere negligence,” Chardo told abc27. “As a matter of law, there was insufficient evidence to support the felony offense of homicide by vehicle.”

Morris has been charged with summary offenses for careless driving resulting in death and for violating Pennsylvania’s “Move Over” law. Both offenses carry fines if Morris is convicted.