The Santa Clara County District Attorney's office has dropped some of the charges initially filed against a Sunnyvale man who was accused of trying to steal a bike by force two months ago in downtown Mountain View.
"They had the wrong guy," Thomas Salciccia said, referring to his client, Craig Jordan, who was arrested April 14 on suspicion of attempted robbery and making criminal threats.
Those two charges have been dropped, according to Cindy Hendrickson, deputy district attorney with Santa Clara County. Two drug-related charges stuck.
"If I have a reasonable doubt, then I won't take a case to trial," Hendrickson explained of her decision to drop the charges. After taking all the evidence into consideration in the case, and despite her belief that "there certainly was probable cause to believe he did it," she felt that it would have been difficult to convince a jury of Jordan's guilt "beyond a reasonable doubt."
"There was an abundance of evidence to indicate Jordan was responsible for the robbery," Liz Wylie, a spokeswoman with the Mountain View police, said. "So we arrested him."
Wylie said that Jordan met the description of the thief, as reported by the victim -- the Red Rock employee -- who was punched twice in the face and hit over the head with a bag that contained a heavy object when he attempted to stop his bike from being stolen at about 11:10 a.m. the day of the crime.
Salciccia insisted that the probable cause police claim to have had in arresting his client was flimsy and prejudicial. "They found somebody that had a record and they just assumed it was him."
Jordan was shown on security footage entering the CVS drug store at 850 California Street shortly after the attack occurred (around 10 minutes after) -- proof that it couldn't have been him, Salciccia said. "He didn't have enough time to go from the station to where he was filmed."
Jordan suffers from a condition that makes it very difficult for him to run, his lawyer continued, he was supposed to be at work within 11 minutes of the time he was apprehended, and, on top of all that, "he owns two bikes." Why would he steal a bike, Salciccia argued, if he already owned two?
While the attempted robbery and criminal threats charges were dropped, Jordan pleaded no contest to drug possession for a small amount of methamphetamine he had on him at the time of arrest and possession of drug paraphernalia, Hendrickson said. He was sentenced to 60 days in county jail and placed on probation.