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Driver in fatal accident had no license

Rochester, N.Y. -- Police confirmed Thursday that the driver in a fatal accident that killed 17-year-old Brittany Burgio Tuesday night did not have a driver's license.

Osbaldo Gonzalez, 23, was ticketed for unlicensed operation but not charged.

Police said they have impounded his 2000 Honda Civic and are checking to see if it has a black box so they can determine how fast he was driving when he hit the victim.

Burgio's family told 13WHAM News they believe Gonzalez should be charged. They also questioned why he left the scene after hitting Burgio and then returned.

Burgio's mother, April, said she believes Gonzalez should face charges for leaving the scene of an accident.

Friends of Gonazalez, whom they call "Oz", said he was devastated to learn that Brittany Burgio died of her injuries. They said he told them he never saw the 17-year-old crossing Dewey Avenue when he hit her.

They said he was driving home and his wife was following in the car behind him when the accident happened. They said it was dark out and there was a curve in the road.

When asked why he left, friends said Gonzalez was stunned and also couldn't see out of his windshield, so he kept going and then parked, punched a hole in the windshield and then returned to the scene.

They told 13WHAM that he could have fled, but that isn't like him.

"He had the opportunity to run away, but he didn't because he knew he owed the girl to turn himself in," one friend said. "There really was no point to run away since it was an accident."

Brittany's family spent Thursday making funeral arrangements.

Services will be held from 1-3 p.m. Sunday at Triano Funeral Home in East Rochester, where the family used to live. A friend has also started a fund to help the family pay for funeral expenses.

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