MASHPEE >> The driver of a vehicle that struck and killed a 13-year-old boy on Cape Cod earlier this month will not face charges.

The police investigation determined that the teen, Jeremiah Smith, was wearing dark clothing and crossing in a dimly lit area when he was struck in Mashpee on March 1. In addition, police determined that the driver's view was hindered by the headlights of an oncoming vehicle.

Police Chief Scott Carline called the death a "tragic accident."

The driver, Constantinos "Dino" Mitrokostas, tells the Cape Cod Times ( his "heart still remains with Jeremiah and his family." He says he hugged and cried with the teen's parents and attended the funeral.

Mitrokostas has ordered samples of reflective gear he hopes to distribute to children and teens.

Information from: Cape Cod (Mass.) Times,