ST. PAUL, Minn. (AP) — Hennepin County prosecutors won't be filing criminal charges against a St. Paul man who struck and killed a runner in St. Paul last year.

Police initially said Peter Berge might have been distracted and impaired when he hit 35-year-old Scott Spoo of Woodbury on Feb. 22, 2017. Berge failed field tests that required balance.

County Attorney Mike Freeman said Wednesday Berge had no chemicals or alcohol in his system and was not using his cell phone, so he was not grossly negligent at the time of the accident. Freeman says two days after the accident Berge went to the hospital where an MRI revealed a massive tumor on his brain.

The case was reviewed by Hennepin County prosecutors to avoid a conflict in Ramsey County Attorney's Office. Berge is a lawyer in St. Paul.