Deputy who killed former Napster COO after drifting into the bike lane while distracted by his laptop will NOT face charges because he was answering a work-related email

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Milton Olin Jr, 65, was fatally struck by a Los Angeles county sheriff's patrol car December 8, 2013, as he rode in the bike lane in Calabasas
Deputy Anthony Wood was returning from a fire call when he took his eyes off the road to type a work-related message on an electronic device
Olin was director of operations for Napster between 2000 and 2002 and was a prominent entertainment lawyer
The victim's wife and sons have filed a wrongful death lawsuit claiming Wood was negligent

Published: 00:43 EST, 28 August 2014 | Updated: 00:55 EST, 28 August 2014

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California prosecutors have declined to file charges against a sheriff's deputy who struck and killed a prominent entertainment attorney and former Napster executive with his patrol car last year.

Deputy Andrew Wood was apparently distracted by his mobile digital computer when his patrol car drifted into the bike lane, running over cyclist Milton Olin Jr.

Olin, a 65-year-old attorney and former chief operating officer of the online file-sharing service Napster, was riding in Calabasas in December when he was hit.

No charges: California prosecutors have declined to charge a sheriff's deputy who struck and killed prominent attorney and former Napster executive Milton Olin Jr (pictured left and right)

Tragic: Olin's bicycle can be seen beneath the tires of the deputy's car in Calabasas December 8, 2013

Prosecutors said in a letter released Wednesday and cited by Los Angeles Daily News that because Wood was acting within the course of his duties when typing into his computer, criminal charges are not warranted.

Under the law, law enforcement officials are allowed to use electronic wireless devices while carrying out their duties.

The victim’s family have filed a wrongful death lawsuit against the Sheriff's Department and accused Wood of negligence.

Olin’s loved ones also started an online petition on Change.org demanding that charges be brought against the deputy. So far, more than 67,000 people have signed.

Milton Olin, a married father of two, was riding his bike in the 22400 block of Mulholland Highway at around 1pm on December 8, 2013, when Deputy Wood's patrol car slammed into him.

Struck: A shoe can be seen near the bike lane where Olin was cycling when he was hit

Olin's loved ones have started a petition demanding that charges be brought against the distracted deputy who killed him while texting behind the wheel

Olin was pronounced dead at the scene and the deputy was taken to a hospital for treatment of minor injuries.

Wood was returning from a fire call at Calabasas High School and was on patrol when the accident occurred.

‘He was responding to a deputy who was inquiring whether the fire investigation had been completed,’ the letter from the prosecutor’s office stated. ‘Since Wood was acting within the course and scope of his duties when he began to type his response, under Vehicle Code section 23123.5, he acted lawfully.

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‘Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning, causing him to inadvertently travel straight into the bike lane, immediately striking Olin.’

Olin, from Woodland Hills, had been a lawyer for 38 years and practiced business, labor and employment and intellectual property law from a firm he co-founded, Altschul & Olin LLC in Encino.

Clan: Olin is survived by his wife, Louise, far right and their two sons, who have filed a wrongful death lawsuit

Happier times: Olin, pictured left as a young father and right with his wife, Louise Olin, years before the tragedy

Dazzling career: Olin was previously the chief of operations at Napster (pictured) and a prominent lawyer

According to his LinkedIn profile, he was the COO of Napster between 2000 and 2002. Napster was a file sharing site for music before becoming an online music store.

Before his job with Napster, he worked for A&M Records as vice president of business development and was responsible for signing artists and acquiring music rights.

Olin is survived by his wife, Louise, and his two sons, Chris and Geoff. The family lived in a $1million home in Woodland Hills.

The attorney’s widow is currently working on getting off the ground the Milt Olin Foundation to raise awareness and help eliminate cycling-related fatalities.