Deputy Andrew Wood was apparently distracted by his mobile digital computer when his patrol car drifted into the bike lane, running over cyclist Milton Olin Jr.

Olin, a 65-year-old attorney and former chief operating officer of the online file-sharing service Napster, was riding in Calabasas in December when he was hit.

No charges: California prosecutors have declined to charge a sheriff’s deputy who struck and killed prominent attorney and former Napster executive Milton Olin Jr

Prosecutors said in a letter released Wednesday and cited by Los Angeles Daily News that because Wood was acting within the course of his duties when typing into his computer, criminal charges are not warranted.

Under the law, law enforcement officials are allowed to use electronic wireless devices while carrying out their duties.

The victim’s family have filed a wrongful death lawsuit against the Sheriff’s Department and accused Wood of negligence.

Olin’s loved ones also started an online petition on Change.org demanding that charges be brought against the deputy. So far, more than 67,000 people have signed.

Milton Olin, a married father of two, was riding his bike in the 22400 block of Mulholland Highway at around 1pm on December 8, 2013, when Deputy Wood’s patrol car slammed into him.

Olin’s loved ones have started a petition demanding that charges be brought against the distracted deputy who killed him while texting behind the wheel

Olin was pronounced dead at the scene and the deputy was taken to a hospital for treatment of minor injuries.

Wood was returning from a fire call at Calabasas High School and was on patrol when the accident occurred.

‘He was responding to a deputy who was inquiring whether the fire investigation had been completed,’ the letter from the prosecutor’s office stated. ‘Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.