Pubdate: Sun, 09 Nov 2003
Source: Oakland Tribune, The (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author:  Robert Airoldi, Staff Writer

NO CHARGES FILED AGAINST FREMONT RESIDENT FOR GROWING MARIJUANA

Man Will Pursue Complaint Against Cops For Killing Dog During Raid

Fremont  -- A 41-year-old Fremont man, whose dog was shot and killed by 
police when they burst through his front door looking for marijuana plants, 
will not be charged with a crime, his lawyer said Wednesday.

Robert Filgo was arrested Sept. 2 after seven police officers served a 
search warrant at his Niles home and found 79 plants in the backyard and 
garage.

During the raid, his 1-year-old shepherd-Akita mix, Little Bear, was killed 
when officers fired their guns as the dog charged them, police said. Filgo 
disputed officers' assertions that the dog charged.

Although pleased with the decision by the Alameda County District 
Attorney's office, Filgo said he will pursue a complaint against the 
department for killing his dog.

"I knew that's what it was going to be and I was elated to find out about 
the decision," Filgo said. "But there was no reason for my dog to die."

Filgo has a prescription from his doctor to use pot and a certificate from 
the Oakland Cannabis Cooperative allowing him to grow and possess the plant.

Officials from the district attorney's office Wednesday could not be 
reached to comment on why they did not press charges. But Anthony 
Lowenstein, Filgo's attorney, said his client had not broken the law.

"The D.A. lacked sufficient evidence to show Mr. Filgo possessed marijuana 
illegally, and they lacked sufficient evidence to demonstrate he possessed 
it for sale," he said. "It clearly was for personal use."

During the search, police confiscated the plants, his medical marijuana 
certificate, a smoking device, several bags of marijuana and his computer.

An order asking for the release of Filgo's property has been filed with the 
court, Lowenstein said.
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MAP posted-by: Beth Wehrman