Colorados Eagle County District Attorneys office has decided to not file charges against Leftover Salmon keyboardist Bill McKay. Earlier this year McKay was arrested from an incident stemming n a charge of sexual assault stemming from a New Years Eve party. According to the Vail Daily News, The Eagle County District Attorney’s office did not file charges against the 39-year-old musician, who is known best for playing keyboard in Boulder-based Leftover Salmon. McKays Leftover Salmon bandmate Drew Emmitt originally spoke out against the keyboardist, but later retracted his statements.

The keyboardist has not released a statement regarding the incident. Leftover Salmon is scheduled to appear at Del Fest on May 23.