"The district attorney's final determination is that Felix Benitez and two of his friends were victims of an assault," said Capt. Byron Pipkin of the Sunnyvale Department of Public Safety.

Benitez was released in early February because the public safety department wasn't able to show that Benitez committed a criminal act. Benitez was implicated in Ceja's death, because he drove the car that struck Ceja.

Benitez and Ceja were involved in a brawl that began late Jan. 26 on the 700 block of San Justo Court when eight to 10 people started fighting with bats and sticks. Officers arrived at 9:40 p.m. to find friends of Ceja preparing to drive him to Valley Medical Center in San Jose. The officers administered first aid and called an ambulance to transport Ceja to the hospital.

But Ceja died shortly after arriving at the hospital or on the way there. The incident is Sunnyvale's first homicide of the year.

Since Benitez's release, the district attorney's office has reviewed the case and decided not to prosecute. Benitez and his friends were trying to get out of the area and escape from the perpetrators, including Ceja, Pipkin said.

"In the process of trying to escape, Benitez backed over and killed Ceja, one of the people involved in the attack on them," Pipkin said.

No charges have been filed, and Benitez is listed as a victim of an assault with a deadly weapon.