SAN JOSE -- A San Jose firefighter jailed on suspicion of dealing meth will not face additional criminal charges for an alleged sexual relationship with an underage teen that surfaced during the drug investigation, authorities said.

Mario Enrique Cuestas, 53, faces three felony counts in Santa Clara County involving the sale and possession of methamphetamine after he reportedly sold it to an undercover police officer.

But when he was arrested Feb. 13 at San Jose Fire Department headquarters, the state Department of Justice -- which oversees the local task force behind the drug sting -- also alleged he engaged in sexual acts with a 17-year-old boy to whom he also gave meth.

Those allegations were presented to the Alameda County District Attorney's Office; Cuestas lives in San Lorenzo. Prosecutors reviewed the case and declined to file charges, spokeswoman Teresa Drenick said. The office declined further comment on the decision.

Cuestas is on unpaid administrative leave from the fire department, where he has worked for two decades and had recently become its director of public outreach.

In January, an informant's tip to the Santa Clara County Specialized Enforcement Team sparked the investigation into Cuestas. An undercover agent met with him at an undisclosed restaurant in San Jose, and Cuestas, while wearing his city-issued work ID, reportedly sold the agent an eighth of an ounce of meth for $150. That was followed a week later by another offer, authorities said.


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When agents arrested Cuestas, they searched his home, office and vehicle, and found a small amount of meth. Authorities believed he used the drug in addition to selling it.

Cuestas has not entered a plea and continues to be held in the Santa Clara County jail on $75,000 bail, after a judge Wednesday rejected his request to be released on his own recognizance. His next court appearance is scheduled for March 20.

Contact Robert Salonga at 408-920-5002. Follow him at Twitter.com/robertsalonga.