Deputy District Attorney Michael Gargiulo said Thursday in a written statement that Alarcon's behavior did not constitute a felony because she didn't leave her child in circumstances that could result in "bodily harm or death."
However, the case was referred to the city attorney, who can still file charges against Alarcon, who is the president of the Los Angeles Board of Public Works and daughter of Los Angeles City Councilman Richard Alarcon.
On Nov. 16, the 33-year-old allegedly left her daughter unattended during a party at City Hall. In Gargiulo's statement, he said the child followed Alarcon out of City Hall but was told by her mother to go back inside. Alarcon told her daughter that she would be back in 10 minutes after walking two people to their car.
The girl did return to City Hall, where security officers watched the child, Gargiulo noted. Security eventually called Los Angeles police for assistance. Officers took the girl to the LAPD Central Station and contacted the Department of Children and Family Services.
Gargiulo said authorities tracked down Alarcon at a Double Tree Hotel about three hours later, at approximately 1 a.m. When she arrived at the police station, officers say she appeared intoxicated.
After this incident, Andrea Alarcon announced she is taking a leave of absence from her Public Works post. It is unknown how long her leave of absence will last.
She released a statement saying her daughter is her top priority and that she is seeking treatment. She did not specify what she was receiving treatment for.
In December, a California Highway Patrol officer arrested Alarcon on suspicion of drunken driving. Prosecutors charged her with DUI as well as cruelty to a child because her child was in the car. She pleaded not guilty to the charges and is due back in court again next month.
