The family of a Peekskill man who was run over and killed by a driver in Mohegan Lake Friday will not be bringing in the new year with a celebration.

According to police, 41-year-old Gavino Velasquez was struck and by a minivan as he was walking on Lexington Avenue. Investigators say 68-year-old Patrick Tomkins hit Velasquez from behind, causing the victim?s body to fly about 17 feet into a wooded area. Authorities say Tomkins drove down the road and then came back but didn't see anything. Tomkins called police from a bar on Route 6 shortly after. Police say Tomkins was not drunk and has not been charged in the accident.

The Velasquez family says Gavino came to America two years ago to make a better life for himself and his family back in Ecuador. His wife died of cancer three months ago and now his five children are left orphaned. Velasquez family members want to talk to Tomkins face to face. They say they also want to know why he isn?t being charged in the incident.