A financial manager for wealthy clients will not face charges for a hit-and-run because it could jeopardise his job, it has been revealed.
Martin Joel Erzinger, 52, was set to face felony charges for running over a doctor who he hit from behind in his 2010 Mercedes Benz, and then speeding off.
But now he will simply face two misdemeanour traffic charges from the July 3 incident in Eagle, Colorado.
His victim, Dr Steven Milo, 34, is meanwhile facing 'a lifetime of pain' from his injuries.
But prosecutors claim the decision is theirs to make.
'Justice in this case includes restitution and the ability to pay it,' said District Attorney Mark Hurlbert.
He said Erzinger, a private wealth manager who manages more than $1billion in assets at Morgan Stanley Smith Barney in Denver, is willing to take responsibility and pay restitution.
'Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession, and that entered into it,' he said.
'When you're talking about restitution, you don't want to take away his ability to pay.'
Dr Milo is a physician living in New York City with his wife and two children, where he is still recovering from his injuries, court records show.
He suffered spinal cord injuries, bleeding from his brain and damage to his knee and scapula, according to court documents.
Over the past six weeks he has suffered 'disabling' spinal headaches and faces multiple surgeries for a herniated disc and plastic surgery to fix the scars he suffered in the accident.
'He will have lifetime pain,' his lawyer Harold Haddon told the court.
'His ability to deal with the physical challenges of his profession - liver transplant surgery - has been seriously jeopardised.'
Dr Milo told Hurlbert that the case 'has always been about responsibility, not money'.
'Mr Erzinger struck me, fled and left me for dead on the highway,' he wrote. 'Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.'
But the prosecutor insisted that the case is, in part, about the money. 'The money has never been a priority for them. It is for us,' he said.
Dr Milo was bicycling eastbound on Highway 6 near Eagle when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving.
Erzinger fled the scene and was arrested later, police say. He drove until he reached a Pizza Hut parking lot, where he stopped and called Mercedes auto assistance to report the damage to his vehicle.
Question: Does this surprise any of you?
Justice, ladies and gentlemen, may be blind.
The so-called Justice Department is most certainly not.