Downey to Face Parole Charges

County prosecutors said Monday they will not file misdemeanor narcotics charges against actor Robert Downey Jr. stemming from his arrest last month in Culver City.

Instead, the district attorney’s office will let state corrections officials deal with Downey for violating conditions of his parole, spokeswoman Sandi Gibbons said. Downey, 36, is on parole from a 1996 drug conviction and has served about a year in prison after violating conditions of probation.

“He would get less time by prosecuting him for the misdemeanor than he would for the parole violation,” Gibbons said. She said the decision was made after consulting corrections officials.

The misdemeanor charge could have brought a penalty of three months to a year in county jail. With good behavior, the time served would be cut in half, she said.

In contrast, corrections officials say they can keep Downey, who had cocaine in his system when arrested last month, in treatment for six to nine months, Gibbons said.

State corrections officials said Monday that Downey will not be sent back to prison. Instead, they say they will seek to tighten restrictions that have been placed on him.

“We will modify the terms so we can make sure he gets treatment and increase drug testing and require more supervision,” said Russ Heimerich, spokesman for the state Department of Corrections.

Downey was arrested April 28 after Culver City police saw him on the street apparently under the influence, officers said at the time.

The award-winning actor checked himself into a live-in drug treatment center, where he remains.

Albert Aleixo, 45, who was arrested with Downey, was charged Monday by county prosecutors with a misdemeanor offense of being under the influence of drugs.

Gibbons said charges were filed against Aleixo because he is not on parole.

Heimerich said corrections officials are not giving Downey special treatment.

“For most drug offenders, when they have a relapse and minor charges, we have the option to do exactly what we are doing with Downey,” Heimerich said.

Downey’s lawyer, Daniel Brookman, said his client is pleased with the decision.

“It will allow Mr. Downey to remain in rehabilitation and to continue to fight this disease,” he said.