The Carson City District Attorney's Office announced Wednesday that it will not file criminal charges after a fight between Douglas County

Commission Chairman Barry Penzel and Commissioner John Engels earlier this year.

The incident occurred during a recess of the Commission’s May 16 meeting.

According to police reports, the fight took place in a closed side room adjacent to the conference room where the meeting was being held.

Penzel and Engels were alone in the room at the time.

The Carson City DA was asked to review the criminal investigation by Douglas County District Attorney Mark Jackson due to the Douglas County D.A.’s conflict of interest in the matter.

DA Jason Woodbury said the decision was based on a lack of evidence establishing proof of criminal conduct by either commissioner. “In this kind of case, we would only file charges if there was a reasonable probability of criminal conviction. Mr. Penzel and Mr. Engels were the only eyewitnesses to the incident. There is no dispute that there was an altercation between the two. However, there is a dispute about who initiated the physical contact. Each claims the other was the primary aggressor and initiated physical violence.”

Woodbury added, "My investigator interviewed several witnesses who were in the area, just outside the closed room where this occurred. We also reviewed video of the Commission’s meeting and the body camera footage of the responding Sheriff’s deputies.”

Despite the additional investigation, Woodbury said criminal charges are not warranted. “Based on the evidence, the accounts of both men are equally plausible. There is no reasonable probability that either would be convicted if we prosecuted this case, so my office will not be filing charges.”

Penzel previously released this statement:

As the Chairman of the Douglas County Board of County Commissioners, I would like to express that I regret the behavior which occurred during the Board of County Commissioners Meeting on May 16, 2019. This is not the way we wish to conduct business for the people of Douglas County.  I am committed to working on settling our differences in a more appropriate manner in the future.

At the time, Douglas County Sheriff's Deputies said all parties separated on their own and only minor injuries were reported. 

(Carson City District Attorney's Office contributed to this report.)