DENVER (CBS4)– The Denver District Attorney’s office will not charge the driver of an SUV in connection with the death of a jogger on Easter Sunday.

Michael Sanders was struck and killed while jogging on a sidewalk in the 6200 block of West Hampden Avenue, that’s along the Hampden frontage road near Harlan, on the morning of April 8. The SUV that struck him also crashed into a home.

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Sanders, 45, was pronounced dead at the scene and a man inside the home suffered a spine injury. The driver, Eduardo Duarte-Alegria was also hurt.

Duarte-Alegria, 43, is facing a traffic charge as a result of a requirement that he only operate a motor vehicle equipped with an interlock device.

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This is how the Colorado Department of Motor Vehicles defines an interlock device according to its website: Ignition Interlock is a device that is installed on motor vehicles to prohibit individuals from operating a vehicle while under the influence of alcohol. It requires your breath sample before the engine will start and you are periodically required to provide breath samples while driving. If the device detects an elevated alcohol concentration level the vehicle will not start.

He is scheduled to appear in Denver County Court May 21 at 8 a.m. to be advised of the charge.

Sanders’ family from Texas told CBS4 he had just gotten out of the military and had moved to Denver at the beginning of the year. He was taking classes at Arapahoe Community College and hoped to become a nurse or police officer.

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The Pasteur family lives in the home, located at 3545 South Harlan Street, and was celebrating Easter when the crash happened. Jennifer Pasteur and her son were in the home with the man who was hurt, and they were both uninjured.