Indio Downey's Felony Cocaine Possession Conviction Dismissed

RDJ's 20-year-old son was arrested on June 29 after cops allegedly found him in possession of cocaine and drug paraphernalia

By Alyssa Toomey Mar 08, 2016 7:05 PMTags
Indio Downey, Robert Downey Jr.Getty Images, Splash News

UPDATE: Indio Downey appeared in L.A.'s Courthouse Tuesday, where his felony cocaine possession conviction was dismissed. E! News confirms that Robert Downey Jr.'s elder son completed his diversion program and thanked the judge.

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Robert Downey Jr.'s son Indio Downey, along with his famous father, appeared in a Los Angeles court this morning for the younger Downey's arraignment after he was charged with one felony count of possession of a controlled substance and a misdemeanor count of possession of a smoking device. 

The 20-year-old Hollywood offspring was arrested on June 29 after cops allegedly found him in possession of cocaine and drug paraphernalia when he was pulled over in the West Hollywood-area around 2:20 p.m. Authorities said that Indio, the only person in what officers described as a suspicious vehicle, was allegedly under the influence of drugs when deputies contacted him.

According to Los Angeles District Attorney Spokesperson Richardo Santiago, Indio Downey pleaded guilty to count one of felony possession of cocaine and was ordered into an 18 month drug diversion program in which he has already enrolled (he has been in treatment for the past two months). Count 2, possession of a smoking device, was dismissed. "If he successfully completes the program and obeys all laws the conviction will be dismissed," Santiago tells E! News. 

"I appreciate this opportunity and I intend to make the most of it," Indio, who is a first time offender, told the judge.

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The young musician's arraignment was originally scheduled for Aug. 29, but was delayed due to his time in treatment. His attorney, Blair Berk, said that her client has already stayed 70 days in a residential rehab program and intends to complete 20 more. 

Indio's Oscar-nominated father, who famously (and publicly) struggled with his own drug addiction until finally getting sober in 2001, also made an appearance in the courtroom to support his son, sitting directly behind Indio and his attorney. 

The judge acknowledged his famous father's presence and even shared an anecdote from Iron Man as a source of inspiration. "I know in life people always look up to superheroes, but I think you might have contact or an inside as to one superhero—that's Iron Man," he said. 

Following his son's arrest, the Iron Man star spoke out about Indio's struggles with substance abuse, telling E! News in a statement, "Unfortunately there's a genetic component to addiction and Indio has likely inherited it. Also, there is a lot of family support and understanding, and we're all determined to rally behind him and help him become the man he's capable of being. We're grateful to the Sheriff's department for their intervention, and believe Indio can be another recovery success story instead of a cautionary tale."

The Judge star later opened up to Vanity Fair and said that it's likely he inherited his addiction issues, as did his elder son. "He's his mother's son and my son, and he's come up the chasm much quicker than we did," Downey told the mag. "But that's typical in the Information Age; things get accelerated. You're confronted with histories and predispositions and influences and feelings and unspoken traumas or needs that weren't met, and all of a sudden you're three miles into the woods. Can you help someone get out of those woods? Yes, you can. By not getting lost looking for them." After a pause, Downey adds, "Pick a dysfunction and it's a family problem."

The young musician is RDJ's son with ex-wife Deborah Falconer. Downey also has son Exton and a newborn baby girl with his second wife, Susan, whom he married in August 2005.

—Additional reporting by Claudia Rosenbaum and Lindsay Good 

(Originally published on Friday, Sept. 12, 2014, at 10:18 a.m. PDT.)