A 55-year-old garbage truck driver will not face criminal charges for making a left turn in front of a cyclist in Southeast Portland, killing her in the early morning darkness of Aug. 21.

The Multnomah County District Attorney's Office released a memo Monday that explains its decision not to pursue charges against Paul Thompson.

Cyclist Tamar Monhait, 41, would have been difficult to see because she wasn't wearing bright clothing and her bicycle wasn’t illuminated by a front light at the time of the 1:50 a.m. crash, wrote Deputy District Attorney Nicole Jergovic.

Jergovic noted that Monhait had a blood alcohol level of .12 percent, above the legal limit of .08 percent for driving or cycling. An investigator said that could be a factor in the crash. Police reported that Monhait didn't appear to react in the instant the garbage truck passed in front of her, as captured on surveillance video from a nearby business.

Jergovic also wrote that Monhait wasn't wearing a helmet, but was properly in the bike lane and that a witness said Monhait was pedaling at an appropriate speed. Jergovic wrote that Monhait had the right of way.

Thompson didn’t appear to be speeding when he turned, Jergovic wrote.

Thompson said he was "trying to beat the train" on some nearby tracks that he needed to cross, but he wasn't in a rush. He wasn't under the influence of alcohol or drugs, the prosecutor wrote.

He told investigators he used his left turn signal, but police who the watched surveillance video at Southeast Water Avenue and Taylor Street determined that Thompson didn't use his turn signal. Oregon law required him to use his signal.

Even so, Thompson’s act of turning in front of Monhait without warning didn’t amount to a criminal act, Jergovic wrote. But he could be issued traffic citations by police for failing to signal and sued in civil court for negligence, Jergovic noted.

Police so far have not issued Thompson any citations.

Last month, Monhait's estate filed a $10 million wrongful death lawsuit against the garbage truck company, McInnis Waste Systems. In early October, her estate amended the lawsuit to seek $24 million.

Despite evidence that Monhait didn't have a headlight, was intoxicated and wasn't wearing a helmet, the estate's attorney, John Colleti said: “The reality is she had the right of way, and he decided to turn directly in front of her without notifying her with a blinker. So she had no time to react.”

McInnis Waste Systems offered this statement:

"First and foremost, we offer our deepest sympathies to the family of Tamar Monhait on their loss. We also continue to support our driver, who has been understandably distraught," the statement read.

"We prioritize safety above all else. Our industry leading safety program and ongoing driver training exists to further our goal of safety for our employees, customers and people in the communities we serve," the statement read.

The prosecutor considered whether Thompson could be charged with criminally negligent homicide, which is the least serious of homicide charges under Oregon law. Jergovic determined that Thompson’s driving didn’t reach the threshold for that charge.

“In Oregon, not every fatal vehicle accident can or should result in felony homicide or other criminal charges, even when caused by a driver committing traffic violation(s) and/or being inattentive,” Jergovic wrote. “The law requires substantially more egregious conduct to charge a driver with a criminally negligent homicide, with its presumptive prison sentence and many other serious consequences.”

In reaching her decision, Jergovic wrote that she also gave weight to a police re-enactment of the circumstances leading up to the crash.

One officer rode his bike through the well-lighted area at night without a headlight while another officer drove the route taken by the garbage truck. The cycling officer thought he could be easily seen by passing trucks or cars, but realized he was much more difficult to see after reviewing video taken by the other officer.

“After a complete and very thorough investigation by the Portland Police Bureau’s Major Crash Team, it is apparent that Tamar Monhait’s death was an accident and the facts do not support a criminal homicide,” Jergovic wrote.

In limited visibility conditions, Oregon law requires cyclists to illuminate the front of their bicycles with a white light visible for at least 500 feet and a red reflector or a light mounted to the back of the bike that’s visible for 600 feet.

Monhait had a light illuminating the back of her bicycle, Jergovic said. She suffered severe head and arm trauma and was pronounced brain dead at a local hospital.

Read Jergovic's decline-to-prosecute memo here.

-- Aimee Green