A prosecutor has decided North Carolina police officers won't be charged criminally in the death last year of a black man who was hogtied while in custody.

The News & Record of Greensboro reports former Guilford County District Attorney Doug Henderson determined the officers weren't criminally negligent in the death of Marcus Deon Smith in September.

The city of Greensboro on Friday released Henderson's letter to police Chief Wayne Scott, dated Dec. 28. Henderson retired Wednesday.

Attorney Graham Holt says Smith's family is disappointed in the decision.

The state medical examiner's office said in its autopsy report that the 38-year-old Smith died of cardiopulmonary arrest caused by several factors including "prone restraint" by police and a combination of drugs, alcohol and cardiovascular disease.

The report ruled Smith's death a homicide.

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Information from: News & Record, http://www.news-record.com