Pubdate: Fri, 19 Dec 2014
Source: San Francisco Chronicle (CA)
Copyright: 2014 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Henry K. Lee

NO CHARGES FOR COP WHO TOOK POT HOME

A Richmond police officer won't face criminal charges over the 
discovery of a 4-pound package of marijuana at his Oakley home that 
he said he had used to train his police dog, authorities said Thursday.

Officer Joe Avila, 43, was placed on paid leave after authorities 
found the package at his home on Sept. 24, 10 months after he first 
picked it up from a delivery company while on duty, police said.

Investigators determined that in November 2013, Avila responded to a 
UPS Store in Richmond, which had intercepted the package with 
marijuana inside. Instead of booking it into evidence, Avila took it 
home, according to Barry Grove, a Contra Costa County deputy district attorney.

Avila, who has more than 20 years with the department, told 
investigators he had used about 2 pounds of marijuana to train his 
dog, authorities said.

Prosecutors said there were no signs that Avila had sold the 
marijuana or used it for any illegal purpose.

"Further investigation failed to reveal any information to refute 
Officer Avila's statement," Grove said. He noted, though, that 
Avila's actions were inappropriate and violated department policy.

The incident was uncovered by Richmond police after internal affairs 
investigators began looking into why Avila had failed to write 37 
police reports, including the one about the package, according to a 
search warrant affidavit filed by district attorney's senior 
inspector Rick Rivera. Rivera wrote that he believed Avila kept the 
marijuana "for his personal use or use for sales."

Avila's attorney, Michael Rains, said all the marijuana was accounted 
for, adding, "It's kind of hard to make a 'use' case when none of 
it's been used." Rains said Avila's dog was removed from him and is 
now being "ignored."

Public Defender Robin Lipetzky said she believed prosecutors' 
decision not to file charges was "based solely on Mr. Avila's status 
as a police officer. I challenge the district attorney to give an 
example of any other case brought to their office in which a person 
found in possession of 4 pounds of marijuana was not charged with a 
felony offense."

Lipetzky said her office's clients are "routinely sent to jail for 
possession of marijuana in amounts much smaller than this. It is this 
kind of preferential treatment for police officers who violate the 
law that leads to the distrust of the system."

Richmond Police Chief Chris Magnus said Thursday that Avila remains 
on paid leave pending an ongoing internal investigation.
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