EUGENE, Ore. – Early Monday morning the owner of the Spice N Steam restaurant called Eugene police after a burglary at the restaurant.

When police arrived just before 3 a.m. to the restaurant on West 11th Avenue, the owner told police the man was still in the building.

That’s when Officer Owen Griffith and police dog Cwyk reportedly found Kevin Michael Nieto, 34, sitting in a chair after he had drunk from a stolen bottle of liquor.

According to police Nieto was too drunk to be taken into custody. Instead he was taken to the hospital for treatment.

Police cited Nieto for burglary in the second degree.