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WASHINGTON (WUSA9) -- The D.C. fire lieutenant at the center of an investigation into a man's death outside her station will go unpunished.

Lt. Kellene Davis' retirement was approved before she could face a possible punishment. In January, 77-year-old Cecil Mills had a heart attack across from the Rhode Island Fire Station.

Despite pleas, nobody came to his aid. Days later, Lt. Davis filed for retirement but was denied. She was placed on desk duty while a trial board of firefighters consider whether she should face punishment for not responding to Mills.

Now that her retirement has been approved, she cannot face disciplinary action because the board hasn't made a decision in her case yet.

Fire officials said that since Davis submitted her second request in a timely manner, and since she is eligible for retirement, Chief Ken Ellerbe was required to accept it.

Cecil Mills' family issued the following statement:

"We are angry and frustrated that the trial board has allowed the lieutenant who did not do her job and whose inaction prevented a life from being saved is allowed to retire with no adverse action being taken."

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