Police said they will recommend that no criminal charges be filed against Republican Gov.-elect Jim Gibbons, a congressman accused by a cocktail waitress of assaulting her in a parking garage three weeks before Election Day.

The investigation into Chrissy Mazzeo's accusation was completed earlier this week and a case file will be sent Friday to Clark County District Attorney David Roger, police said.

Roger has the final say as to whether the five-term congressman, who beat his Democratic opponent, Dina Titus, by 4 percentage points despite the scandal, will be charged. Roger has said he would review the file before reaching a decision.

The probe, involving 44 interviews, found "no evidence to support the charge of battery," according to a police statement released Thursday.

Mazzeo, 32, told police Gibbons pushed her up against a wall and propositioned her in a parking garage across the street from a restaurant where the two had been drinking with friends Oct. 13. Gibbons, 61, denied the account, saying he merely caught Mazzeo when she tripped.

Video from surveillance cameras did not appear to show Gibbons or Mazzeo.

Gibbons lawyer Don Campbell said the police recommendation vindicates his client, who will take office in January.

"This whole matter was a figment of someone's imagination," Campbell told the Las Vegas Review-Journal.

Mazzeo's lawyer, Richard Wright, has questioned the police investigation. He did not return a call for comment on the police recommendation.