ROCK SPRINGS, N.M. (AP) — Tribal authorities say a Navajo Nation Council member is not facing any charges after he struck and killed an intoxicated pedestrian who was crossing a dark New Mexico highway.

Police say Tuchoney Slim, Jr. was traveling on State Route 264 near the community of Rock Springs Dec. 20 when the accident happened.

Navajo criminal investigations director Dale West said Jan. 9 the pedestrian was clad in dark clothing and had been drinking. He says Slim did not see the man and wasn’t negligent or impaired.

Emergency responders pronounced the pedestrian dead at the scene.

Navajo police did not release the man’s name, citing the ongoing investigation. West says authorities are awaiting a toxicology report.

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