DETROIT – A 23-year-old man on trial for the deadly hit-and-run of an 8-year-old girl in Detroit has been released after being found not guilty, but not by a jury.

Cortney Shields was charged with with second-degree murder, failure to stop at the scene of an at-fault fatal accident and reckless driving causing death. On Wednesday, Wayne County Circuit Court Judge James Callahan allowed for the defense's motion for a directed verdict of not guilty, which ends the case, no longer allowing a decision to be made by a jury or an appeal to be made.

The girl, Kamari Smith, was standing at an ice cream truck at Robson Street and Eaton Avenue on May 19 when she was hit. She had just purchased ice cream from the truck.

Witnesses had rushed to save the young girl as the driver kept his foot on the gas. Kamari was hospitalized in critical condition but died from her injuries.

A representative with Wayne County released a statement Wednesday:

"We disagree with the court's decision to grant a directed verdict since there was ample evidence that should have gone to the jury in this case. Under the law we are unable to appeal a directed verdict."