11/14/2013 at 03:40 PM EST
A New York City taxi driver whose cab jumped a curb and hit a tourist
in August won't be prosecuted, the District Attorney's office revealed on Thursday.
Sian Green, 23, a visitor from the U.K., was sitting with a friend eating a hot dog near Rockefeller Center when a cab driven by Mohammed Faysal Himon, 24, slammed into her. Although eyewitnesses including Dr. Mehmet Oz
rushed to her aid, the student's leg had to be amputated below the knee.
"We have concluded that criminal charges cannot be filed in this case," the Manhattan District Attorney's office said in a statement. "We are sensitive to the trauma faced by Ms. Green and others injured in vehicular crashes, and notified the attorneys for all parties last week of this decision."
Himon previously insisted that the accident was not his fault and claimed that it happened because he got into a fight with a cyclist, Kenneth Olivio, who banged on his cab's hood in the middle of Midtown traffic.
Prosecutors conducted an investigation into the crash but told Green's lawyers that they wouldn't prosecute Himon because they lacked the evidence to show his intent during the crash, DNAinfo New York
"The Green family is shocked by this news, and disappointed," said the family's lawyer, Daniel Marchese. "I think the driver was liable. I think the bike rider might be liable as well."
Marchese said that while the fashion student was disappointed by the D.A.'s decision, she has "maintained a paralleled grace and poise throughout this ordeal and it persists to this day."
In a Today show
interview in September, Green thanked the strangers who helped her after the accident. "There's good people in the world. I can't thank them enough," she said. "They saved my life."