The district attorney in New York has declined to prosecute former Gov. Andrew Cuomo over charges of a misdemeanor sex crime related to an incident involving forcible touching. In a statement made on Tuesday, Albany County District Attorney David Soares said he is dropping the charges citing that although the court finds the accuser “credible”, the accusations cannot be proven in court.

According to CNN, Soares stated that he could not prove the charges to the criminal standard of proof and prove elements of the crime beyond a reasonable doubt. “After review of all the available evidence, we have concluded that we cannot meet our burden at trial,” Soares added. However, the DA noted that his decision to decline criminal prosecution is not related to any possible civil liability for Cuomo.

Initially, Soares said in November, that case filings in the misdemeanor charges of forcible touching against the former governor are potentially defective. He had asked for a delay in Cuomo’s arraignment where he noted that the case was unilaterally and inexplicably filed without the consent of the victim as well as failing to provide the victim’s sworn statement. 

In the same manner, district attorneys in Westchester and Nassau counties have also refused to pursue the charges. 

Cuomo has denied all allegations and resigned from office in August in light of a possible impeachment by the New York Assembly. The impeachment is said to be tied to a state investigation that found evidence that Cuomo sexually harassed 11 women wherein he made unlawful attempts to compel retribution against one of the accusers. 

Soares made it clear that regardless of his decision, he remains deeply disturbed and troubled by the allegations. “I encourage victims of workplace harassment and abuse to continue to come forward and bring these issues to light so that these important discussions can continue,” he said.

Meanwhile, an attorney representing one of Cuomo’s accusers, Brian Premo said, his client Brittany Commisso, intends to pursue a civil case against the governor in due time. 

Commisso was Cuomo’s former assistant who alleged that she was grabbed by Cuomo by her buttocks while exchanging hugs during an event at the executive mansion. She also told investigators that he had reached under her blouse and grabbed her breasts.

Andrew Cuomo New York Governor of New York Andrew Cuomo speaks during a news conference at the Jacob Javits Convention Center during the Coronavirus pandemic on March 30, 2020 in New York City. The Army Corps of Engineers constructed the temporary hospital with nearly 3,000 beds in the convention center to serve patients not seeking medical attention for coronavirus (COVID-19) but for other ailments. Noam Galai/Getty Images