Calling a Redondo Beach woman’s death a “tragic accident,” a Torrance judge has dismissed the case against a Lomita sheriff’s deputy charged with vehicular manslaughter for running over the woman and killing her as she took a holiday walk.

Judge Chet Taylor’s ruling came as the Redondo Beach City Prosecutor’s Office sought a second trial for Edwin Roberts, a 25-year-veteran law enforcement officer facing charges in the July 4, 2010, death of 89-year-old Melania Nuhbegovic.

Taylor said that because drugs, alcohol and speeding were not involved in the death, and Roberts did not intend to hurt anyone, he ruled Thursday that a retrial did not make any sense, Redondo Beach Deputy City Prosecutor Melanie Chavira said. The dismissal was made in the interest of justice.

“He went on to say ‘any one of us could be involved in an accident like this. We are supposed to look around when we are driving,’ ” Chavira said.

Taylor was working on a written ruling Friday, but it was not immediately available if it had been completed.

The judge declared a mistrial May 7 when a Torrance jury deadlocked 9-3 in favor of convicting Roberts of the misdemeanor offense. A juror told the Daily Breeze that three members of the panel did not believe the crime rose to the level of criminal negligence. In his ruling, Taylor concurred with the three jurors.

Jurors did convict Roberts of an infraction that requires drivers to exercise due care when approaching pedestrians in a crosswalk. Taylor sentenced him to perform 12 hours of community service at a women’s shelter.

The case stemmed from the Independence Day afternoon when Roberts’ and Nuhbegovic’s paths crossed as Roberts drove his girlfriend and their daughters to the beach to see holiday fireworks, and Nuhbegovic went for a routine walk at the beach.

Two witnesses testified that Roberts stopped his pickup truck as he headed north on The Esplanade at Avenue C. As he rolled forward from the stop sign at 5-10 mph, he was looking to the right down Avenue C. The witnesses said Roberts’ pickup rolled forward 80 feet across the intersection and struck Nuhbegovic, who was walking west in the crosswalk toward the beach.

Roberts, who was off duty at the time, testified during his trial that he did not see the 4-foot-10 woman as he searched for parking until her “Gilligan “-style hat appeared below the right front of his pickup truck. He swerved, slammed on his brakes, jumped out and cradled her in his arms. Nuhbegovic died at a hospital.

Police officers who tested Roberts for alcohol use determined he was sober. The District Attorney’s Office rejected filing felony charges, but the Redondo Beach City Prosecutor’s Office filed a misdemeanor vehicular manslaughter charge, contending Roberts should be held accountable for the death. He was negligent, prosecutors said, because he was not looking forward while driving.

Roberts’ attorney, Felipe Plascencia, told jurors Nuhbegovic’s death was a horrible accident and no crime was committed.

Following the hung jury, Redondo Beach City Prosecutor Sidne Michel said the city would retry the case. On Thursday, Plascencia argued against another trial. Ultimately, Judge Taylor decided jurors would not be able to reach a unanimous decision to convict Roberts.

“I think the judge gave (the prosecution) every opportunity to present their case. Despite that, they came up short because the jury did not believe it was a crime,” Plascencia said. “We believe this case was a tragic accident that never should have been tried. “

Plascencia said the case belonged in a civil courtroom.

Roberts, Plascencia said, sobbed uncontrollably after hearing the judge’s ruling Thursday. Roberts has placed flowers at the intersection on Thanksgiving, Christmas and July 4, and cried every day during his trial when he got into his car to leave the courthouse.

“Despite the victim’s daughter accusing him of committing a crime, he feels terrible this accident caused death,” Plascencia said. “It was only an accident. It could happen to any one of us. “

Chavira said prosecutors disagreed with the judge’s decision, but an appeal was unlikely. Although Taylor was within his rights to issue the ruling, most courts allow a retrial when a death is involved, she said.

“I strongly believe it was the wrong decision,” Chavira said. “We were very disappointed. We should have been given the opportunity to try the case. “

Chavira said the judge put himself in the position of the driver.

“We felt that he clearly does not believe that when someone kills another person that there should be criminal consequences,” Chavira said. “The law says otherwise and nine jurors agreed the defendant committed a criminal act.

Once a misdemeanor charge is dismissed, it cannot be filed again, Chavira said.

“The fact is it was an accident that could have been avoided if (Roberts) was paying attention to the pedestrians in the crosswalk,” Chavira said.

Nuhbegovic’s daughter, Meri, also was upset with the judge’s decision.

“It sets the precedent that people are not safe and people who kill them are not going to be punished and more people are going to have to die before something is done,” the daughter said.

Roberts, she said, never took responsibility for what happened.

“For all those who felt sorry for him, I’m just wondering how they would feel if something like that happened to their loved ones,” she said. “He never apologized to the family. “