The Los Angeles Police Department presented its case to the Attorney General's Office this month.
The case was being reviewed by the Attorney General's Office to avoid any conflict of interest that could occur if Jackie Lacey's office ended up having to prosecute her husband.
RELATED: Jackie Lacey apologizes after her husband aims gun at Black Lives Matter protesters outside Granada Hills home
The protest occurred before sunrise on March 2 in the 17900 block of Mayerling Street in Granada Hills and David Lacey was seen on video pointing a handgun out the front door of the home and ordering Black Lives Matter protesters to leave his property. No arrests or injuries were reported.
Cell phone video shows David Lacey wielding the weapon while threatening to shoot the protesters if they did not leave the property.
Members of Black Lives Matter who took part in the protest immediately condemned the actions of David Lacey. Activist Jasmyne Cannick posted the video online and circulated links to it via email to local media outlets.
Black Lives Matter has repeatedly protested against Jackie Lacey, criticizing her for what they see as a failure to hold law enforcement officers accountable for shootings of black suspects, and accusing her of failing to meet with them to discuss the issue.
David Lacey is heard on the video ordering protesters off of his porch as he points the gun out the front door. As protesters can be heard asking to see Jackie Lacey, prompting her husband to again order the group off of his property.
One of the group's members, Melina Abdullah, said the protesters were off the Laceys' porch in less than 60 seconds.
Jackie Lacey said her husband acted out of fear and is "profoundly sorry'' for his actions.
She said she has been repeatedly threatened has been followed, photographed and confronted repeatedly at public appearances while serving as district attorney, and she believes Black Lives Matter is more interested in trying to embarrass her than have a productive conversation about issues.
"I do not believe it is fair or right for protesters to show up at the homes of people who dedicate their lives to public service," Lacey said following the incident. "I just want to live in peace and do my job."
Abdullah insisted that Lacey's house was not off limits given that the district attorney is a public official and that BLM has never threatened her.
One Black Lives Matter representative said at the time that the group was "traumatized" by David Lacey aiming at them.
Black Lives Matter members disrupted a debate in late January, chanting "Jackie Lacey must go" during Lacey's response to the incarceration rate of people of color.. The group - including relatives of those killed by police - has protested outside Lacey's office weekly for more than two years.
Lacey received 49% of the vote in the March 3 primary election, falling short of the majority needed to avoid a runoff. She will face former San Francisco District Attorney George Gascon in November.
David Lacey has declined to comment on the incident.
City News Service contributed to this report.