Prosecutors have yet to file manslaughter charges in Monterey bar owner’s overdose death.

Since arresting a Seaside man on suspicion of providing the drugs that may have led to a Monterey bar owner’s overdose death, local authorities have yet to charge the man with involuntary manslaughter in connection to the overdose.

On Aug. 25, Monterey and Seaside police arrested Carlo Aiken, 42, in relation to the Aug. 20 overdose death of 49-year-old Christine Kerr, co-owner of the popular Bulldog Sports Pub on Lighthouse Avenue in Monterey. Officers said they found Aiken in possession of numerous narcotics – including counterfeit oxycodone tablets believed to contain fentanyl – as well as an assault rifle.

Aiken has since been charged with 10 felony counts, including possession for sale of controlled substances and possession of an assault weapon. But while Monterey police initially announced that he also faced an involuntary manslaughter charge in connection to Kerr’s death, prosecutors have yet to bring any such indictment against Aiken.

Though the investigation into Kerr’s death remains ongoing and such a charge could be filed against Aiken in the future, it currently appears unlikely, according to Monterey County Chief Assistant District Attorney Berkley Brannon. Brannon says investigators are still forensically examining cell phone evidence that could determine whether Aiken provided the drugs that led to Kerr’s overdose – but adds that they have yet to uncover enough evidence to back an involuntary manslaughter charge in court.

“If we can prove it beyond a reasonable doubt, we have no problem [bringing a charge],” Brannon says. “It’s just about whether we have that proof. We won’t file a charge just to file it.”

Aiken’s attorney, Kimberly Barnett, has repeatedly delayed preliminary hearings in her client’s case in order to obtain and review police evidence including search warrants, body camera footage and interviews of Aiken. Barnett told the Weekly on Nov. 10 that she planned to file a motion to quash a police search warrant on Aiken, claiming the warrant erroneously stated that Aiken had previous drug sale convictions. But as of Nov. 21, Barnett had yet to file such a motion in court.

Monterey Police Lt. Jake Pinkas counters that the search warrant made no such false claim. “There is no mention of Aiken having previous possession-for-sale convictions,” Pinkas says. “It does say he’s a convicted felon, and that he has numerous arrests for possession for sale, which is true. I do not believe that there’s any inaccurate information in that warrant.” The Weekly was unable to obtain a copy of the search warrant by press time.

A preliminary hearing in Aiken’s case is now scheduled for Dec. 15. Barnett says her client has yet to receive a plea offer from prosecutors; Brannon says the DA’s Office is unable to do so “until we’ve concluded our investigation on [Kerr’s potential] homicide,” or else risks being unable to bring charges for Kerr’s death against Aiken in the future.

Aiken was released from custody on Aug. 31 after posting $200,000 bail.