That's despite evidence submitted during a hearing by the district attorney in the case of Wapinder Kang.
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It included body camera evidence and a police report.
RELATED: 2 Livingston police officers arrested for allegedly filing false report
In July of last year, Sergeant Wapinder Kang and Officer Harjinder Heer were arrested and placed on administrative leave, accused of making false statements.
The district attorney's office says Kang and Heer were on duty and in uniform when they allegedly executed a false arrest related to an illegal fireworks enforcement detail in Livingston.
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RELATED: New details emerge in arrest of 2 Livingston police officers
The other officer, Harjander Heer, has a pre-trial hearing scheduled for March 25.