CINCINNATI – A prosecutor said Thursday that a police officer won’t face felony charges for driving his cruiser over a woman in a park, fatally injuring her.

Review of the State Highway Patrol investigation into the July 27 accident shows no “reckless” conduct that would support felony charges against officer Marty Polk, Hamilton County Prosecutor Joe Deters said.

Deters said it would be up to the city to determine whether any negligent conduct was involved.

“Frankly, it’s not my call, but I don’t believe it was negligent either,” Deters said.

A decision on that cannot be made until the city receives and reviews the report, city prosecutor Ernest McAdams Jr. said.

Polk had driven his vehicle off the paved roadway when he ran over JoAnn Burton, but Deters said that it is often necessary for officers to drive on the grass to check the park. Witnesses said it was impossible to see Burton as she was sleeping under a blanket that day, the prosecutor said.

Polk was not on a cell phone, and tests for possible alcohol or drug use were negative, Deters said.

Josh Spring, executive director of the Greater Cincinnati Coalition for the Homeless, said in a statement that Burton was dead because a police officer “recklessly” drove through the grass. Spring said the coalition believes the same act conducted by any other citizen would have been deemed reckless.