standing Westerly police 2

WESTERLY — A 75-year-old woman who was seriously injured when she was struck in a crosswalk earlier this month has died, the police confirmed on Tuesday.

Westerly police said the woman, High Street resident Alberta Devine, was recently pronounced dead at Rhode Island Hospital. She had remained in medical care since the May 14 incident, in which police said she was struck by 59-year-old Westerly resident James Nething, an E-Z Waste Systems, Inc. employee who was driving a company pick-up truck at the time of the crash.

Police Chief Shawn Lacey said Tuesday that the department learned of Devine’s death over the weekend. The exact cause of death is pending an autopsy, Lacey said.

“We have not been given a cause of death, but it is unlikely to change the circumstances or charges in this case,” Lacey said. “Unless there is new information to suggest otherwise, there was no evidence of speeding or distracted driving and it appears this was a tragic accident where he just didn’t see her.”

According to a police report, Devine was struck just before noon as she was attempting to cross Canal Street in the area of Railroad Avenue. The police said a 2014 Dodge pick-up truck driven by Nething was traveling north when he struck Devine while she was in the crosswalk.

Devine was taken by ambulance to Rhode Island Hospital with serious injuries that included a compound leg fracture, broken foot and possible injury to the head.

Lacey said Nething, who was not injured, was cooperative with police and told officers that he "never saw her" in the crosswalk. A witness also told police that he was not speeding and pulled over immediately once he realized he had struck Devine and tried to offer her assistance.

The police said as a result of an investigation, Nething was cited for failure to yield right of way to pedestrian. No further charges are anticipated at this time.

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