The victim was in the crosswalk when he was hit by the driver of a SUV.
WAUPACA - No criminal charges will be filed in the traffic crash that killed John "Jack" Penney, a longtime Waupaca County supervisor and former Waupaca County sheriff's captain.
Police said Penney was walking north across Royalton Street at Harding Street about 1:15 p.m. Sunday when he was hit by an eastbound SUV driven by Richard Morales, of Waupaca.
Penny was in the crosswalk, having already cleared one traffic lane, at the time of the crash. He was taken to ThedaCare Medical Center-Waupaca and then was airlifted to ThedaCare Regional Medical Center-Neenah. He died from his injuries Monday.
Morales was cited for failure to yield the right of way to a pedestrian at an uncontrolled intersection.
"It's a tragedy all around," Police Chief Brian Hoelzel told USA TODAY NETWORK-Wisconsin. "Jack was 86, and this gentleman (Morales) was 83."
Hoelzel said the case was reviewed by the Waupaca County District Attorney's Office.
"It was determined there would be no criminal charges," Hoelzel said.
Penney lived in Lind and worked for the sheriff's department for 35 years, retiring as a captain. He served the past 28 years as a supervisor on the Waupaca County Board, winning re-election in April.
According to policy, the County Board will appoint a resident in District 16 to serve the remainder of Penney's term, which runs to April 2020.
"We typically advertise for the position, almost like an application process, and then the board would select from the applicants," Waupaca County Clerk Jill Lodewegen said.
District 16 covers the towns of Dayton and Lind.
The funeral service for Penney will be held at 3 p.m. Saturday at A. J. Holly & Sons Funeral Home, 526 S. Main St., Waupaca. Visitation will start at 1:30 p.m. at the funeral home.