Charges have not and may not be filed against a woman who struck and killed a 69-year-old man with her car on Highway 93 Monday night.

Peter John Liberti, who lived in the Evaro area, was killed about 7 p.m. as he attempted to cross the dark highway.

Liberti had run out of gas near mile marker three, caught a ride to the Wye to get more, then couldn't get his car restarted.

"He was going to cross the highway to see if he could get someone to give him a jump," said Montana Highway Patrol Trooper Paul Pfau.

Liberti was hit by a northbound Subaru driven by a woman who has not been publicly identified.

Pfau said the woman, who lives in Arlee, thought she'd hit a deer.

"She didn't even have a busted headlight, and she just continued on to Arlee," Pfau said. "She did call her boyfriend at home to say that she'd hit a deer."

Later, a member of the woman's family drove into Missoula and saw law enforcement and other emergency vehicles at the bottom of Evaro Hill.

"He called back and told her that there was a large accident scene and that perhaps she hadn't hit a deer," Pfau said. "We eventually got in touch with her and she has been very cooperative."

Chief Deputy Missoula County Attorney Kirsten Pabst said she is working with Pfau to determine whether charges will be filed.

"This is a dark area, unlit, with cars going highway speeds of 65 mph at night," Pfau said. "It's dark, and the man is wearing dark clothes, plus he's in her lane of traffic."

The county attorney's office will make the final decision on whether the driver will be charged.

Liberti is the fourth pedestrian to be killed in the Missoula area in the past week. Two high school freshman girls died late Saturday night when they were hit by an allegedly drunken driver on Highway 200 just east of Missoula.

A 34-year-old Lame Deer man was hit by a car near Wal-Mart on Highway 93 on Dec. 22. He died the next day.

"It's unbelievable," said Pfau. "We're really scratching our heads about this. Maybe we've all gotten a little complacent about things, but we're hoping that people can take an active role in protecting themselves. These incidents took place on roads where cars are traveling at deadly speeds."

Reporter Michael Moore can be reached at 523-5252 or by e-mail at mmoore@missoulian.com.