FORT MYERS, Fla-- The State Attorneys office for the 20th Judicial Circuit announced they will not pursue criminal charges in the death of Nicholas Christie.

Christie died following cardiac arrest at Gulf Coast Hospital on March 31st, 2009.

The investigation by the sheriff's office showed Christie had been restrained and had OC spray applied several times during his presence in the jail, and the medical examiner has indicated that this was a contributing factor in Christie's death. He listed the cause of death as "homicide."

The State Attorney's Office says its legal review is limited to whether criminal charges can and should be filed. A statement from the office says "The evidence in this case does not legally prove beyond a reasonable doubt that any individual or group of jail personnel had any intent to kill Nicholas Christie, or otherwise committed an act of murder."

The statement also says, "According to the Florida Supreme Court's Standard Jury Instructions, in order to prove manslaughter, we would have to prove that someone acted more than merely negligently or by failure to use ordinary care. We would have to prove that the conduct of the jail personnel was 'gross and flagrant,' showed 'reckless disregard for human life,' and was such that they 'must have known, or reasonably should have known , was likely to cause death or great bodily injury.' The facts of the case do not support this level of proof."

The report by the Lee County Sheriff's Office shows Christie was subjected directly or indirectly to 10 OC events delivered in spray or fogger form. OC spray is the term used for Oleo-resin Capsicum which is a derivative of cayenne pepper.

The report says Christie was being combative and banging and rattling the cell door and attempting to spit on jail staff.

Christie's wife told WINK NEWS she repeatedly tried to inform the jail he had a heart condition, emphysema and back problems.