NO POT CHARGES FILED AGAINST MAN

Resident Plans To Pursue Complaint

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 nine times 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 al-lowing him to grow and possess the plant.

Officials from the district attorney's office Wed-nesday 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.