WHITMAN, Mass. (AP) -A World War II veteran won’t face charges for killing a friend he struck with a van he was driving at the start of Whitman’s Veterans Day parade, the man’s lawyer says.

Brockton District Court Clerk Magistrate Kevin Creedon, who heard the vehicular homicide complaint filed by Whitman police against Joseph E. Davis, found no probable cause to send the case for prosecution and dismissed the complaint last week.

“They are happy to have it behind them,” Davis’ attorney, Patrick Gannon, told the Boston Herald. “It’s unfortunate the families had to go through an additional eight weeks of wondering what was going to happen in a case that never should have been prosecuted in the first place. The clerk clearly saw that this was nothing but a tragic accident and I’m glad he acted accordingly.”

Davis, 80, of East Bridgewater was behind the wheel of a van at the start of the Whitman parade in November when the vehicle lurched and struck William A. Hammond, 80, of Abington, a decorated veteran and captain of the local VFW chapter’s color guard.

Hammond, also a World War II veteran and a friend of Davis’, was pronounced dead at the scene.