My question involves criminal law for the state of: Colorado
If someone were to enter an opened garage and steal a a bottle of expensive liquor and be seen exiting by neighbor who then called the police. Under questioning when the police arrived and entered the "perpetrator's" when he/she answered the door. Upon questioning the perpetrator admitted to taking the liquor all the while under the influence. The police handcuffed the willing person and took him to jail however, a roommate returned the stolen, unopened liquor. After speaking together the neighbor decided to call the DA and told him he wasn't going to pursue any charges. What will be the likely outcome of this situation?

