The Salt Lake Police Department is defending itself in the case of the man accused of a string of hit-and-runs in the city and questions about why Ahn Pham wasn’t arrested after the initial hit-and-run last August.

A department spokesman told KSL TV that the case was investigated as an aggravated assault. But, it was determined that there wasn’t enough probable cause to arrest Pham, despite having a license plate number, a victim, and two witness accounts of what happened.