POMONA >> Prosecutors have declined to file a case against a Montebello police officer arrested in May on suspicion driving under the influence of prescription painkillers following a solo-vehicle crash in Diamond Bar in May, officials said Wednesday.
Deputies from the sheriff’s Walnut-Diamond Bar Station arrested Montebello police Sgt. Christopher Cervantes, 43, in the early-morning hours of May 6 after the vehicle he was driving crashed into a tree.
Cervantes was scheduled to appear in court Monday for an arraignment hearing, but the hearing was cancelled after officials decided not to pursue a criminal charge against the officer.
After reviewing the case, “We declined a case against Mr. Cervantes June 29 due to insufficient evidence,” Los Angeles County District Attorney’s Office spokeswoman Sarah Ardalani said.
The case was declined because the Los Angeles County District Attorney’s officials have no expert to provide an opinion regarding Cervantes’ alleged impairment.
“(Cervantes) stated he swerved to avoid a collision with another vehicle and struck a tree,” according to his district attorney’s office charge evaluation worksheet. “He exhibited objective symptoms of being under the influence of a drug at the scene and was arrested.”
“(Cervantes) provided a blood sample which tested positive acetaminophen/butalbital/codeine and morphine, a prescription drug. (He) has a valid prescription for this medication,” according to the document.
But prosecutors said they could take the case no further.
“There is no expert testimony available through our crime lab to offer a quantitative or qualitative opinion of impairment based upon the facts set forth,” according to the charge evaluation worksheet. “The (field sobriety tests) and driving are insufficient to establish proof beyond a reasonable doubt that suspect operated a motor vehicle while impaired. Prosecution is declined based upon insufficient evidence.”
Both Montebello police and sheriff officials have declined to discuss details of the allegations against Cervantes, including whether the vehicle involved in the crash was city-owned, or whether the officer was on-duty at the time of the crash.
Montebello police have also declined to say whether Cervantes was placed on leave or remained on normal duty during the investigation.