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MIAMI (CBSMiami) – After finding a cab and cabbie connected to a deadly hit and run on Biscayne Boulevard, police are currently not charging the taxi driver.

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New surveillance tape released by Miami Police shows a taxicab on Biscayne Boulevard in the moments just before police say the driver took a life.

Police find cab in connection to fatal hit and run. (Source: CBS4)

Police find cab in connection to fatal hit and run. (Source: CBS4)

Thursday afternoon, Miami Police said they located the cab with the Florida license tag is ACU E95 at 11900 Biscayne Boulevard.

Burden told CBS4’s Peter D’Oench, “It is unfortunate that with a taxicab that we trust them to do the right thing because they are transporting people. We expect them to stop and render aid and unfortunately he didn’t do it.”

The driver, who is not being identified, is reportedly in his 60s.

“He came to my office with his wife. They were both distraught, very regretful that they were involved in this incident. That this was not play acting. That this was a sincere sorrow,” said the man’s attorney, Michael Kaufman.

The victim, described as being in his mid-60s, was struck while trying to cross Biscayne Boulevard at Northeast 4th. Police say he was walking westbound away from Bayside when the accident happened at 1:35 a.m.

After hitting the man, the driver of car sped off northbound on Biscayne Boulevard. The man died in the street from his injuries.

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Manuel Ibanez, who witnessed the crash, told CBS4 the vehicle involved was a Crown Victoria taxicab with a triangular sign on the roof along with a green light.

“It was horrible. It sounded like the snapping of a piece of twig. I was walking north and a taxicab that was going northbound had the green light, had the right of way and a gentleman walking across the street, he hit him and kept going and the pretty much the guy is dead in the middle of the road. The officer tried CPR but he was gone,” Ibanez said.

The driver took of northbound on Biscayne Boulevard. This is because, according to Kaufman, his client had no idea he’d run into someone as he drove through a green light and simply went home.

“I’m sorry that this situation happened. But, when you cross the street against the light in the middle of the roadway in the dead of night bad things happen.  And had he stayed at the scene this wouldn’t even have been an issue because he had the green light,” said   Kaufman.

The Kaufman called police as the damaged cab sat outside his office.

Detectives and crime scene units processed it for evidence before hauling it away.

Police allowed the cab driver to go home as they continue to investigate.

Kaufman confirms police could still arrest his client, though with what charges are unclear at this point.

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Anyone with information is urged to call Crime Stoppers at (305) 471-TIPS.