FALL RIVER (CBS) – Two men in charge of a DCR swimming pool in Fall River where a woman died over the summer will not face criminal charges, a judge ruled Wednesday.

Marie Joseph drowned in the DCR pool at Lafeyette Park on June 26, but her body was not discovered until June 28 when it floated to the surface.

WBZ NewsRadio 1030’s Mark Katic reports.

For two days, people used the pool but never saw the body because of cloudy conditions.

The DA’s office wanted to prosecute DCR pool managers Brian Shanahan and Jeff Carter with reckless endangerment, because of the poor quality of the pool water.

An investigation showed visibility was only four feet, not good enough to meet Department of Public Health standards.

A probable cause hearing was held Tuesday, but Chief Judge John O’Neil ruled charges were not warranted.

“I am disappointed in the decision made by the Clerk Magistrate. We believe strongly in the evidence we compiled in these two cases and we will continue to pursue these charges. We now have several options with respect to how we pursue these charges and we will consider which one of these options to choose over the next few days,” said Bristol County District Attorney Sam Sutter.

Both Shanahan and Carter have already resigned under pressure.

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