Driver in fatal September crash facing non-criminal charges

The investigation in to a crash which killed a local mother walking to synagogue has concluded.

The Florida Highway Patrol has charged Michael Fortunato with careless driving, failure to yield to a pedestrian in a crosswalk, and expired driving license. These violations will mean possible points on Fortunato’s license and monetary fines if he’s found guilty.

57-year-old Esther Ohayon was walking with her 16-year-old daughter Orly across San Jose Blvd at Haley Road in September when they were hit. The victims were on their way to Yom Kippur services at a nearby temple.

FHP says Fortunato tried unsuccessfully to avoid impact.

“No criminal intent or nature was identified in this case,” says FHP Sergeant Dylan Bryan.

As a result, Bryan says they are not pursuing criminal charges against Fortunato, who has cooperated with troopers through their investigation.

“This gives not only the families of the victim, but the driver, a sense of closure,” he says.

Esther Ohayon died as a result of this crash. Orly was injured.

Fortunato was investigated for a fatal 2009 crash just a few blocks away, but was never criminally charged. He also had multiple traffic violations on his record.