George Brauchler, district attorney for the 18th Judicial District, announced on Thursday that he will not charge the Aurora police officer found passed out and drunk on duty in March 2019.

He cited U.S. Supreme Court precedent pertaining to the constitutional rights of public employees under internal investigations. Because the officer, Nate Meier, was compelled to provide information to the police department about the incident, Brauchler could not use it in court, Denverite reported.

“If one of us had been in that car, and not officer Nate Meier, you ask me do I think it would have been treated differently? I do,” Brauchler said.

There is another ongoing investigation by former U.S. Attorney John Walsh.

Brauchler added that he did not believe he could convince a jury at trial. He did not characterize the Aurora Police Department’s handling of the incident as a “cover-up” but said that he was frustrated with the department.

“I think I agree with the frustration that the DA is feeling,” Interim Police Chief Vanessa Wilson told Denverite.

On March 29, 2019, two bystanders called 911 after finding Meier unresponsive behind the wheel of his unmarked patrol vehicle near Buckley Air Force Base. The vehicle was running and in gear. In the internal affairs report, Meier admitted that he went home to drink vodka and was impaired while on duty.