A Suffolk County grand jury has declined to return an indictments against Ricky Prezioso, 42, of Swampscott, whose garbage truck struck and killed Owen McGrory of Chelsea in April.

The move surprised prosecutors at the Suffolk County District Attorney's office, which in a statement, says:

In light of the Grand Jury’s decision, prosecutors are essentially left without a criminal case, but we have already begun the process of providing [McGrory's] family with a copy of our investigative file to assist in any civil litigation.

Valerie Yarashus, attorney for the McGrory family, says her clients will sue: