Gardaí investigating the death of Derek O'Toole from Clondalkin in Dublin say all the evidence available to date indicates he was lying on the ground when struck by a car.
The 24-year-old died after he was hit by a car driven by an off duty Garda along the main street in Lucan in the early hours of last Sunday morning.
A statement issued from Garda Headquarters tonight said the forensic examinations of the car and the scene had now been completed and there was no evidence to indicate that Mr O' Toole had been assaulted or that any other car was involved in the incident.
The garda statement on the continuing investigation said the examination of the scene and the technical and forensic examination of the car involved have been completed.
Superintendent Kevin Donohue, Garda Press Officer, said all the evidence available to date including the preliminary report from the post mortem indicates that Mr O'Toole was lying on the ground when struck by a car.
Superintendent Donohue said there was no evidence to suggest that he had been assaulted or that any other vehicle was involved and the incident was classified as a fatal road traffic collision.
The statement also said Derek O'Toole's family had been fully advised of the current position regarding the investigation and a nominated Garda officer has been appointed as a liaison to the family.
When the investigation is completed a file will be forwarded to the Director of Public Prosecutions for consideration.
The O'Toole family has said it wants a full investigation into the circumstances of his death.
Mr O'Toole's mother, Christine, told RTÉ News he was a model son and that she was upset by media coverage claiming he was known to the gardaí.
Earlier, gardaí said the death appeared to have been a tragic accident but it would be fully investigated.
They confirmed that a serving member of the gardaí had been arrested and breathalysed but was found not to be over the drink-drive limit.
