Kassio Santos, 23, of Waltham, probably won't face any criminal charges after the car he was driving on Main Street early Sunday morning struck a 70-year-old Maynard man, according to Waltham Police Sgt. William Gallant.
"We don't foresee any criminal charges being filed," Gallant said.However, Gallant said police have yet to speak to the victim and the incident remains under investigation.
Police have now identified the victim as Robert Herlihy. Herlihy, who suffered head, arm and shoulder injuries, has been moved out of the intensive care unit at Beth Israel Deaconess Medical Center in Boston and to a regular room, Gallant said.
Police have not been able to speak to Herlihy yet, Gallant said.
The incident remains under investigation.