A New Orleans criminal district judge ruled that New Orleans police Superintendent Warren Riley should not be held in contempt Friday for the delay in returning a man's money, saying the issue was for civil court.

WWL-TV

The motion stems from two past court orders that instructed the NOPD to return $18,000 to Anthony Tocco, who says police failed to return to him the full amount of money seized in his home during an arrest. Tocco’s attorney, Richard Tessier, said that over $35,000 was seized after his client was arrested on an intent to distribute marijuana charge, but that his client only received $18,000 after being released.

Tessier said that Tocco has admitted his wrongdoings and is in the midst of opening a new restaurant. He says the longer it takes to return the money that is lawfully his, the more interest that he loses to invest into the restaurant.

Criminal District Judge Dennis Waldron said that because no evidence could be found it was a matter for civil court, comparing it to using burned evidence after a fire. If it can’t be found, he said, then it can’t be tried in criminal court.