A Port Lavaca businessman and former board member for the Calhoun Port Authority has been released from jail after a grand jury’s decision to clear him of six drug charges.
“We were very disappointed that there was not enough of the evidence to return indictments in these cases,” said Calhoun County District Attorney Dan Heard.
Aron Luna was released from the Calhoun County Jail on Tuesday night after a grand jury decided to not return indictments for six drug charges obtained as a result of a sheriff’s office investigation. Luna was charged with five counts of manufacture or delivery of a controlled substance in penalty group 2 or 2-A between 4 and 400 grams and one count of manufacture or delivery of a controlled substance in penalty group 2 or 2-A between 1 and 4 grams.
Penalty group 2 refers to hallucinogenic substances, while penalty group 2-A refers to synthetic marijuana, according to the Texas Health and Safety Code.
Through his lawyer, Luna declined to comment Thursday.
Luna resigned from the Calhoun Port Authority’s board of directors in July after deputies arrested him on those charges. He gave no reason for the decision.
After his arrest, Luna remained in jail for months in lieu of a $450,000 bond.
Although grand jury proceedings are confidential, Heard said he thinks the results of forensic drug testing may have contributed to their decision.
Five of the six samples of suspected illegal drugs sent to the Texas Department of Public Safety forensic drug lab for testing were determined not to be illegal.
Sheriff’s investigators obtained those samples from Luna during the course of an investigation that included searches of his business, Guarantee Shoe Store, at 1 Virginia Place and his home in the 400 block of Charlotte Drive.
“When you have five of the six coming back as negative, that is a problem,” Heard said.
But Luna faces other charges.
In September 2016, Luna was indicted on a first-degree felony charge of theft by a public servant along with former Calhoun County Commissioner Roger Galvan.
That case is being handled by the Texas Attorney General’s Office.