A California police officer who was caught with over four pounds of marijuana in his home won’t face criminal charges, police say.
According to a search warrant affidavit from the case, Avila picked up a box containing 4 to 5 pounds of marijuana from a UPS store in November of last year.
He is said to have radioed a dispatcher saying he would file an incident report later.
The affidavit says he failed to fill out a report and place the marijuana in an evidence locker.
The incident reportedly came to authorities’ attention when an officer, assigned to investigate Avila’s failure to fill out more than three dozen incident reports, discovered it.
He was subsequently placed on leave, pending further investigation.
In February police interviewed him about the location of the drugs. He reportedly told investigators he used the marijuana to train his police dog and admitted that some of the drugs could be found in the trunk of his patrol car or at his house.
Contra Costa County’s district attorney’s office has been investigating the discovery but hasn’t filed charges because there is “not enough evidence to produce a conviction.”
Detective Hector Esparza, speaking as president of the Richmond Police Officer’s Association, a police labor union, said Avila is guilty of little more than failing to follow police evidence policies.
“There’s no criminal element in this whatsoever,” Esparza said. “In my opinion it’s a purely administrative matter.”