Prosecutors won't pursue charges against suspect who caused partial airport evacuation

Posted: Updated:
John Nichols, 61. (Source: Maricopa County Sheriff's Office) John Nichols, 61. (Source: Maricopa County Sheriff's Office)
(Source: Twitter) (Source: Twitter)
Sky Harbor resumed normal operations after police determined a "suspicious" package wasn't dangerous. (Source: 3TV/CBS 5) Sky Harbor resumed normal operations after police determined a "suspicious" package wasn't dangerous. (Source: 3TV/CBS 5)
PHOENIX (3TV/CBS 5) -

The Maricopa County Attorney's Office announced on Friday it won't prosecute a man accused of causing a partial evacuation of Phoenix Sky Harbor Airport that happened earlier this month. 

The suspect, John Nichols, was facing a felony county of creating a hoax.

On July 7, 2017, Nichols was checking a bag for his flight.

[RELATED: Court appearance for man who allegedly caused partial airport evacuation]

According to the ticketing agent, he asked a question to the effect of "have you ever had a bomb on your plane?"

The agent reportedly assumed Nichols was indicating his bag may be a threat, investigators said.

[WATCH: Man arrested in connection to partial closure of Sky Harbor Terminal 4]

Officials say the agent immediately notified a supervisor who removed the bag from the area.

The Transportation Security Administration was notified of the incident.

Part of Sky Harbor's Terminal 4 was evacuated for a short time while the area was under investigation.

[RELATED: Man released from jail after partial closure of Sky Harbor Terminal 4]

Investigators interviewed Nichols about his comments. 

According to officials, Nichols denied making any claim or comments about a bomb. He was taken into custody.

But Thursday, prosecutors said they don't have enough evidence to prosecute.

"After thoroughly reviewing the information provided by investigators and carefully assessing the context within which these events took place. We have determined there is no reasonable likelihood of proving the required elements of a felony hoax offense beyond a reasonable doubt," said County Attorney Bill Montgomery.

[WATCH: 'All clear' given at Sky Harbor Terminal 4 after item found]

Officials say no other witnesses heard the passenger make the comments.

No explosives were located at the airport.

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