INDIAN RIVER COUNTY — One day before she was scheduled to be sentenced, a judge acquitted a Melbourne doctor of leaving the scene of a fatal 2016 crash, vacating a jury's guilty verdict in the case.

Angela Shelton, 47, was cleared of wrongdoing Thursday by Circuit Judge Cynthia Cox, court records show.

"Dr. Shelton is extremely happy and emotional," said Keith Szachacz, the attorney who represented her alongside Kepler Funk.

"We deeply respect Judge Cox’s courage to follow the law."

Assistant State Attorney Brian Workman, who prosecuted the case, said Thursday he has already filed a notice to appeal. Workman said a trial judge throwing out a jury's verdict was "unusual, but not unheard of."

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Shelton hit and killed 33-year-old Nick Kenesky, of Sebastian, as he walked home from work after dark April 27, 2016, along County Road 512 near Interstate 95.

Shelton said she took her eyes off the road momentarily to see why her dog in the backseat of her SUV was barking.

One of her side mirrors was knocked off, and she knew she hit something but thought it was a road sign, according to tapes of interviews with Florida Highway Patrol played during her trial.

Shelton, who lived in Sebastian at the time, continued driving home and did not call 911. She texted a friend, the wife of a state trooper, who sent investigators to her home.

"You didn't hit a sign. You hit a person and he's dead," a state trooper told her, leading the doctor to become hysterical, testimony from the trial revealed.

Shelton was arrested Feb. 2, 2017, and charged with leaving the scene of a fatal accident. After a two-day trial, a jury deliberated for just over an hour before finding Shelton guilty Sept. 20.

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Florida statutes required Workman prove four things at trial:

Shelton was driving;

Shelton knew she crashed;

Shelton either knew or should have known someone was hurt or killed; and

Shelton willfully failed to stop and render aid.

The third requirement proved to be the key in Cox's decision to overturn the conviction.

"There was no evidence showing that the defendant saw or should have seen the victim before or after the crash, given the dark of night, the lack of street lighting, the victim's clothing and the victim's presence on the swale side of the road," Cox wrote in the order.

Cox added prosecutors did not prove she could see the extensive damage to her car while still in the driver's seat.

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Szachacz acknowledged a ruling like Cox's was rare and could be seen as "unpopular or uncomfortable."

"But we truly believe in Dr. Shelton’s innocence. In that respect it does not come as a surprise," he said. "I think it’s very difficult to understand the concept of 'knew or should have known.' I can't get in the jury's head and I don't know what they were thinking, but it’s clear that Judge Cox has the benefit of case law."

Nick Kenesky's family showed little sympathy for Shelton.

"Your stop sign story is fiction and deliberately made up to cover up your crime. Didn't you see his brain matter? Didn't you see his blood? Your actions were contemptible. You are a coward," the victim's mother, Kim Kenesky, testified Nov. 9, during what was originally scheduled as the sentencing.

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Cox delayed the decision until Friday to give herself time to rule on the motion for acquittal and another for a new trial.

"All we hear is this drama of how this has impacted her life," added Tom Kenesky, the victim's father. "She could have helped comfort my son. But she disregarded human life."

Shelton, the medical director of Ideal Image in Viera, apologized to Kenesky's parents that day. She had faced anywhere from probation to 30 years in prison.

"I know I should have been there to help him, not just as a physician, but to give him comfort. I am so sorry," she said.

Dozens of Shelton's friends and family testified she was a good person who couldn't have known she hit someone that night.

"Dr. Shelton has enjoyed a tremendous outpouring of the support from the community, which speaks volumes about her character," Szachacz said Thursday.

A wrongful death civil lawsuit filed by Kenesky's family remains open. Shelton has indicated a willingness to settle in that case.

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