Published: Jan 30, 2013 7:32 AM EST
Updated: Jan 30, 2013 6:40 PM EST

NORTH FORT MYERS, Fla.- The pedestrian killed around 6:20 a.m. Wednesday morning on Judd Avenue has been identified as 45-year-old Michael Mullady of Cape Coral.

The Florida Highway Patrol will not charge the driver of a white Jeep that hit him, since Mullady walked into the path of his vehicle while crossing the road. The driver attempted to brake several times.

Troopers told WINK News, the driver couldn't see the pedestrian because it was dark out and he wasn't wearing any reflective clothing. Troopers also said Mullady, was going to a nearby rehab clinic when the Jeep hit him.