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DENVER (KDVR) — Arapahoe County Sheriff Tyler Brown will not face charges stemming from an altercation in late August at a restaurant in Greenwood Village.

Denver District Attorney Beth McCann said Thursday the evidence in the case doesn’t support criminal charges against any of the parties involved in the Aug. 21 altercation at Pindustry, when Brown was accused of being seen on surveillance video putting his hands on the neck of another man.

McCann based the decision to not file charges, in part, because all parties involved were drinking and their testimony is not reliable, and the people who could be considered victims of Brown don’t want to proceed with criminal charges.

Furthermore, there were no serious injuries and there is no reasonable likelihood of a conviction.

McCann did stress that, although Brown will not be charged, his conduct was “irresponsible and unprofessional for an elected sheriff.”

“I am not in a position to take any further action with regard to this situation as my role is to determine if criminal charges should be filed. I will leave any further action to the officials and voters of Arapahoe County,” McCann said in a statement.

Arapahoe County Sheriff Tyler Brown shared the following statement:

“Sheriff Brown would like to thank the Denver District Attorney’s Office for conducting an unbiased review of the incident. This was an unfortunate event that put the sheriff in the unwelcome position of having to protect and defend his wife. Sheriff Brown trusts the legal process and is looking forward to putting these events behind him.”