Several former Stanford Band members had at least one thing to be thankful for this Thanksgiving.

On Friday, Nov. 17, Jay Boyarsky, the supervising deputy district attorney for Santa Clara County, confirmed that no criminal charges will be filed against the Band members who allegedly vandalized the Band Shak at Serra Street and Arguello Way in late July.

According to University officials, however, the Band is still on indefinite provisional status and will not perform a field show at Big Game this Saturday.

“After a thorough review of the excellent police report submitted in this matter, which included extensive follow-up investigation,” Boyarsky said in an official statement to The Daily, “the Office of the District Attorney will not file criminal charges in the matter of the damage to the Stanford Band Shak.”

Boyarsky said he anticipated that the University would take appropriate action against the students.

“We believe that there is insufficient evidence for us to prove the case beyond a reasonable doubt unanimously to a jury,” he said. “There are adequate systems in place at Stanford University, including the Office of Judicial Affairs and the recently formed Band Reinstatement Committee, [however,] which we trust will appropriately handle this matter with an eye toward restitution and accountability.”

Boyarsky was unable to release any additional details concerning the case, but Band members and University officials confirmed that the University would remain actively involved with managing the band and controlling its behavior.

“We’re glad this decision was made, and we think it’s a step towards getting past this unfortunate incident,” said Band Public Relations Coordinator Chris Holt, a co-terminal student in English. “However, the issue is still a matter for the individuals and the University to handle in an appropriate matter. For our part, the Band will continue to work to entertain and benefit the entire Stanford community.”

While Vice Provost for Student Affairs Greg Boardman refused to comment on the decision, citing the University’s long-standing policy of non-interference in matters pending before the District Attorney, he stressed that the Band Reinstatement Committee would continue to take the appropriate measures regarding the Band’s status.

“We were appalled by the property destruction caused by Band members,” Boardman said. “Through the Band Reinstatement Committee, Stanford is taking appropriate steps to ensure reimbursement for the damages, respect for university resources and improved communications between Band members and the University administration.”

The committee, which began meeting in October, will continue meeting during winter quarter.

“The committee recently formed subcommittees to examine the issues outlined by Vice Provost Greg Boardman, including leadership of the organization, citizenship by its members and the partnership between the Band and the University,” said Associate Dean of Students Chris Griffith, who is serving as the interim director of the Band and co-chair of the Band Reinstatement Committee.

According to Griffith, the Band is scheduled to participate in a number of Big Game activities, including events with the Cal Band in San Francisco and celebrations on campus. The Band is also scheduled to travel to Cal for Big Game, but it will not perform a field show.

Band Drum Major Bryan Schell, a senior, said he was disappointed that the Band will not be able to “make other people happy” by performing a field show at Big Game.

“It would really be awesome to create some fun for the Stanford fans out there, who will be surrounded by a sea of blue and gold angry belligerent hatred,” Schell said. “However, we are going to take full advantage of the small amount of time we still have in the stands to show that we can still bring the funk.”