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No criminal charges will be filed against musician William McKay, District Attorney Mark Hurlbert of Colorado’s 5th Judicial District said Tuesday.

McKay was arrested in January for investigation of sexual assault on an Eagle County woman at a New Year’s Eve party.

Hurlbert said Tuesday that his office had declined to file charges against McKay, who has played with bands throughout Colorado for 20 years, most notably Leftover Salmon. “We didn’t feel we could prove the case beyond a reasonable doubt,” said Hurlbert, who noted that is the standard prosecutors must meet before filing charges.

Hurlbert said that if additional information comes to light, “we will re-evaluate our decision.”

At the time of the alleged incident, McKay’s band, the Bill Mc Kay Band, was playing at Rick & Kelly’s American Bistro in Edwards.

McKay’s attorney could not be reached for comment Tuesday. Howard Pankratz, The Denver Post

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