Richmond Police Officer Who Brought Home 4 Pounds of Marijuana Won't Be Charged

A Richmond police officer who took 4 pounds of marijuana home instead of filing it in the department's evidence locker will not be charged with a crime, according to the Contra Costa County District Attorney's office.

Prosecutors said members of the Richmond Police Department learned in September that Officer Joe Avila had a large amount of marijuana at his house. At the request of the Police Department, the district attorney's office began investigating and searched Avila's home, where they found 4 pounds of marijuana.

Prosecutors said Avila had responded to a call at a delivery service company in November 2013 for a package containing marijuana. Rather than booking the marijuana in the department's evidence locker, he took it home and used it to train a department police dog, according to the district attorney's office.

Although prosecutors said Avila informed his supervisor of his actions, the police did not ask the district attorney's office to investigate until 10 months after the incident. District attorney's officials said there was "no indication" Avila had used the marijuana for an illegal purpose or sold it in the 10 months it was in his possession.

"Although the manner in which the marijuana was retained was not appropriate, and in violation of the Richmond Police Department policy, there is no evidence discovered which warranted the filing of criminal charges against the officer," prosecutors said in a statement. "The allegations against Officer Avila were investigated pursuant to a long standing county-wide protocol approved by the Contra Costa Police Chiefs Association."

Under the protocol, the district attorney's office conducts an independent investigation of crimes allegedly committed by law enforcement officers and files criminal charges where they feel it is appropriate.

Prosecutors said the district attorney's office has filed felony charges against police officers on three occasions this year, and in each case, the officers resigned or retired simultaneously with the filing of criminal charges.

Representatives of the Richmond Police Department did not return requests for comment on Avila's status as a police officer within the department.

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