PITTSBURGH (KDKA) – A Kennedy Township police officer dodged a bullet in city court Tuesday morning.

Frank Caligiuri, 40, will stand trial for DUI, but a charge of aggravated assault was dismissed.

On Aug. 27, Officer Caligiuri hit pedestrian James McFadden, 22, in the 1600-block of West Carson Street.

Caligiuri initially left the scene, but returned and told officers he hit something. Caligiuri’s blood alcohol level was .124.

According to court records, McFadden’s blood alcohol level was .157. He also had marijuana, methamphetamine and other drugs in his system.

Caligiuri’s attorney, James Wymard, said McFadden was also dressed in all-black clothing and actually crossed the street in front of Caligiuri.

When District Attorney Stephen Zappala closed that section of West Carson Street to reconstruct the accident, he said he found several issues including speeding, a lack of lighting and no sidewalk.

McFadden was critically injured in the accident. He suffered bleeding on the brain, a spinal injury and a bruised lung.