A Fresno County judge on Friday declined to hold a Fresno man to answer on an attempted first-degree burglary charge after a preliminary hearing involving his arrest at the home of Fresno City Attorney Andrew Janz.

Larry Torrez, 56, of Fresno, appeared before Fresno County Superior Court Judge James A. Kelley on charges of attempted first-degree burglary and trespassing. Jail records also show Torrez is being held for an alleged parole violation.

At the conclusion of Friday’s hearing, Kelley ruled the prosecution had not presented sufficient evidence to support the attempted burglary charge. The felony count was dismissed.

The Fresno County Sheriff’s Office previously reported Torrez was arrested May 17 after deputies responded to Janz’s home following reports that he was trespassing and threatening Janz. Deputies said they found Torrez in the yard of the home in possession of a knife. Torrez has remained in custody since his arrest.

Deputy Testifies About Arrest

The prosecution first called Fresno County Sheriff’s Deputy Cameron Royer, who testified he responded to the residence that morning.

Royer said he initially found nothing in the front yard before opening a side gate and entering the backyard with his weapon drawn. He testified he found a man wearing cut-off gloves in the backyard, ordered him to turn around, and took him into custody. Royer identified Torrez in court as the man he arrested.

After turning Torrez over to another deputy, Royer testified he searched the property and found no signs of forced entry. He also said Torrez did not have anything in his hands when he was taken into custody.

During cross-examination, the defense questioned Royer about his report and observations at the scene, including whether  the suspect was facing the home while in the backyard.

The defense also suggested that Torrez allegedly told deputies he was looking for his cats. Prosecutors initially objected on hearsay grounds before withdrawing the objection following a sidebar conference.

The defense further noted that Janz had reported nothing at the home appeared disturbed and there were no signs of forced entry. Royer also testified he could not recall whether Janz had reported hearing someone talking.

The court recessed for lunch before resuming testimony.

Knife Entered Into Evidence

The prosecution next called Fresno County Sheriff’s Sgt. Christian Chandler.

Chandler testified he met Royer at Community Regional Medical Center after Torrez was taken into custody and later assisted with the investigation by speaking with Janz.

Chandler testified a folding knife was booked into evidence after another deputy removed it from Torrez’s property. Photographs of the knife were admitted into evidence.

During cross-examination, the defense confirmed the knife was folded when it was recovered and was not in Torrez’s hand when deputies took him into custody.

Janz Describes Morning of Incident

Janz testified he was home around 3:30 a.m. on May 17 when his doorbell rang, waking him from sleep.

He said he checked a live surveillance camera feed at the front door but did not see anyone and initially believed it was a prank because similar incidents had occurred in the neighborhood.

Janz testified his wife then reviewed recorded surveillance video. About a minute later, he said, he heard banging on the back door and voices loud enough to hear from upstairs, although he could not determine whether the voices were male or female or what was being said.

Janz testified he retrieved and loaded his firearm before taking a position near the staircase inside the home while instructing his wife to call 911. He said dispatch informed them deputies were responding and that he and his wife advised dispatch they were armed.

Three to five minutes later, Janz testified he saw emergency lights outside. After deputies arrived, they knocked on the door and informed him someone had been taken into custody.

Janz testified he later saw Torrez and recognized him from the surveillance footage. He said he knew who Torrez was but had never met him in person.

After the arrest, Janz testified he walked through the backyard with deputies and found no evidence anyone had attempted to break into the home.

Surveillance Footage Shown

Prosecutors played several surveillance videos for the court.

According to Janz’s testimony, one video showed the suspect running to the front door, ringing the doorbell, and quickly walking away.

Another video showed the suspect moving through the driveway toward the side gate leading to the backyard.

A third video showed the suspect moving along the outside of the backyard fence while crouching. Janz testified the location would have allowed the suspect to keep the front door in view.

Another video showed the suspect entering the backyard after climbing the fence. Janz testified the video appeared to show the suspect holding a knife.

A final video showed the suspect moving through the backyard. Janz testified he continued to see what appeared to be a knife and gloves, and said the video captured banging, knocking, and a human voice.

Judge Questions Burglary Theory

During closing arguments, prosecutors argued the surveillance footage, combined with the suspect’s movement from the front door to the backyard while carrying a knife and wearing cut-off gloves, established attempted burglary. The prosecutor characterized the conduct as “burglary 101.”

The defense argued there was no evidence Torrez attempted to enter the home and noted there were no signs of forced entry or damage.

Judge Kelley questioned prosecutors about how an attempted burglary could be established without evidence of an attempt to enter the residence.

After hearing arguments, Kelley met with the attorneys in chambers before returning to rule.

The judge found the prosecution had not established probable cause for the attempted first-degree burglary charge and declined to hold Torrez to answer on the felony count.

However, the defendant pleaded no contest to the misdemeanor trespassing charge. Judge Kelley imposed 180 days and credited Torrez with 62 days served. He also imposed the maximum fine of $1,000.

Andrew Janz Addressed the Court Again

After the ruling, Janz thanked the judge for hearing the case and said he was disappointed with the outcome. He told the court he believed mistakes were made during the process and described the incident as more than a simple trespassing case before requesting a criminal protective order.

The prosecution responded that, based on its research, a criminal protective order would not be applicable in the case.

Janz is a former Fresno County violent crimes prosecutor.

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