BillyMac wroteApparently a photo, several eye witnesses, and an apology from Phelps isn't enough evidence in some jurisdictions.
My guess, there's not enough evidence of a serious crime. At best, he'd get a misdimeanor, I think (not sure about SC law). I'm guessing the DA slapped the sheriff upside the head and told him not to pursue this; thus saving SC tax payers quite a bit of money.