A Denver police officer won’t face criminal charges after the editor of the Colorado Independent said he handcuffed her while she took photos on a public sidewalk.

Denver District Attorney Beth McCann declined to press charges against Officer James Brooks, Denver District Attorney spokesman Ken Lane said Thursday afternoon. The editor, Susan Greene, reported that Brooks handcuffed her and placed her in a patrol car on July 5 because she refused an officer’s order to stop shooting photos of police standing around a naked man they had handcuffed on a downtown sidewalk.

“There is insufficient evidence to charge and prove beyond a reasonable doubt that the officer’s conduct constituted criminal offenses,” he said in a statement.

McCann called Greene about her decision about noon Thursday. Greene then posted on the Colorado Independent Facebook page and said the prosecutor told her that it would be difficult to convince a jury to convict the officer on either of the two potential charges: false imprisonment or assault.

Colorado law states that the public can record the public actions of law enforcement officers. The First Amendment also protects the public’s right to take photos of anything visible from a public space.

Greene previously said that Brooks ignored her when she explained her rights to photograph the incident. She was released at the scene, a July police statement said.

Greene previously worked at The Denver Post as a reporter and columnist. She joined the Independent in 2013.