SOUTH BEND, Ind. (AP) — A special prosecutor says he won’t pursue criminal charges against a former South Bend police chief in the case of wiretapping within the police department.

Former Vanderburgh County prosecutor Stanley Levco said in a Wednesday report that no criminal charges will be filed against Darryl Boykins or others in the case. Levco said his decision is based on available evidence and is “in the best interest of justice.”

Other reasons Levco said he won’t pursue charges include the age of the case and that federal prosecutors previously declined to prosecute.

Levco was appointed to the case following a complaint filed by a police officer who was among several who had phone conversations recorded. The complaint accused Boykins and others of violating the Indiana Wiretap Act.

Boykins was demoted in 2012.