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EAGLE, Colo.—The attorney for a bicyclist seriously hurt in a hit-and-run accident near Avon is objecting to the prosecutor’s decision not to seek more serious charges against the suspect.

Denver attorney Harold Haddon is protesting Eagle County District Attorney Mark Hurlburt’s decision to not charge 52-year-old Martin Joel Erzinger with a felony as originally considered. Haddon represents New York doctor Steven Milo, who was hit in July.

Haddon says Milo is still recovering.

Erzinger, a Denver financial manager, faces two misdemeanor traffic charges. Investigators say he told them he didn’t know he hit anyone.

The Vail Daily reports that Hurlburt says Erzinger is willing to take responsibility and being convicted of a felony could endanger his job and his ability to pay restitution.

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Information from: Vail Daily,

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