TERRE HAUTE, Ind. (WTWO/WAWV) — The Vigo County Prosecutor is offering insight into why no charges were filed in regards to a disturbance Tuesday at the eastside Walmart.

As we’ve reported Terre Haute Police said two men wearing ski masks entered the Walmart on State Road 46. One of the men had what turned out to be a pellet gun in his waistband.

People fled the store in fear and police detained the men who reportedly told officers they were filming a “gangster video”. The men were released from custody.

Vigo County Prosecutor Terry Modesitt said because Indiana is an open carry state, and it’s not against the law to wear a mask, no charges have been brought against the men.

“The gun was never touched, never pulled out of the belt, never pointed at anybody, never waived at anybody. There was never any threats verbalized to anyone”

Modesitt adds that he requested surveillance video of the incident for review.

“Under Indiana law, what happened just does not constitute a crime. I don’t agree with what happened. I think it was very reckless on their part and appalling. I’m sorry that there were people scared in the store.”

Modesitt said if anyone has any additional information about what happened they should contact Terre Haute Police.