FARGO, N.D. (AP) — No criminal charges will be filed against a former police official who went undercover without telling anyone during a May gathering in memory of George Floyd in Fargo.

Deputy Chief Todd Osmundson resigned following the May 30 gathering that turned violent, resulting in damaged property, a dozen arrests and minor injuries to four police officers.

Cass County State’s Attorney Birch Burdick says the decision not to file charges against Osmundson was made after an independent investigation done by the Minnesota Bureau of Criminal Apprehension.

Critics said Osmundson, while off-duty and not in uniform, should not have been mingling with protesters. Osmundson claimed that he was collecting intelligence on their activities.

The city attorney asked for an independent investigation into his conduct and the attorney general’s office took over the case.

Osmundson initially was suspended for his actions but later resigned.

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