SAN FRANCISCO (AP) — A judge has thrown out a trespassing charge against a man accused of making his way into the grizzly bear enclosure at the San Francisco Zoo.
San Francisco Superior Court Judge Wallace Douglass tossed out the misdemeanor trespassing charge against Kenneth Herron after his public defender argued that Herron did not intend to stay in the enclosure.
Prosecutors say they're mystified by Monday's ruling, noting that had Herron stayed longer in the bear enclosure on Sept. 26, he would probably have been mauled to death.
With the judge's ruling, the 21-year-old Herron is facing a remaining charge of willfully disturbing dangerous animals.
His attorney is expected to argue Tuesday that he should be acquitted because of his troubled mental state.
©2009 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
