The scene of the Dec. 8 crash on I-270 that resulted in two deaths. Credit: Via Pete Piringer/Twitter

The driver whose car struck and killed a fire marshal and an FBI agent on I-270 in December has been charged with negligent driving, state police said Tuesday.

The decision to charge Roberto A. Garza Palacios, 28, of Germantown comes after a months-long review of the Dec. 8 crash that killed Deputy Chief State Fire Marshal Sander Cohen, 33, of Germantown and FBI Special Agent Carlos Wolff, 36, of Gaithersburg, according to a state police press release.

Palacios could face a $280 fine and three points on his license because the negligent driving charge is related to a crash, according to police. The charge does not carry jail time.

Investigators determined that alcohol, drugs and speeding were not factors in the crash.

Earlier that night, Wolff had crashed his SUV in the fast lane of southbound I-270 north of Falls Road. Investigators found that Wolff crashed after reaching for his cellphone, according to The Washington Post.

Cohen was off-duty when he noticed Wolff’s car disabled before 10 p.m. that night. He had stopped his car behind Wolff’s to block it and put on his emergency flashers. Both men then stood in the shoulder.

According to state police, Palacios “swerved to the left of the two vehicles because he was unable to move to the right due to traffic.” His 2000 Honda Accord struck Cohen and Wolff, and both were thrown over the jersey wall and onto the northbound lanes of the highway.

Palacios stopped his car near the crash and remained at the scene, according to police.