The mother of missing girl Melodee Buzzard will not stand trial on a felony false imprisonment charge after Lompoc Superior Court Judge Stephen Dunkle ruled Thursday morning that insufficient evidence existed for the case to continue.
Ashlee Buzzard, 40, was arrested Nov. 7 for an allegation not directly related to the search for her missing 9-year-old daughter.
The District Attorney’s Office filed a false imprisonment charge after Tyler S. Brewer, a legal document assistant and freelance paralegal, claimed Buzzard kept him from leaving her house at 550 Mars Ave. on Nov. 6.
“I’m just looking at what we have objectively,” Dunkle said while ruling probable cause did not exist for the charge to remain.
The decision at Thursday’s preliminary hearing means Buzzard will be released from wearing an electronic monitoring device that has been in place since her arraignment hearing last week.
Defense attorney Adrian Galvan asked the judge not to hold Buzzard to answer to the charge after questioning Brewer’s account.
“This is a person that you cannot believe, judge,” Galvan said of the alleged victim.
Deputy District Attorney Jordan Lockey agreed Brewer provided contradictory statements, but urged the judge to take a different view.
“I think it’s important to note Mr. Brewer’s own experiences and look at this case through his lens,” Lockey said.
The judge also rejected a suggestion he hold Buzzard to answer to a misdemeanor charge.
A preliminary hearing involves prosecuting attorneys presenting their evidence and typically has limited defense before a judge rules if the case should proceed.
Only two witnesses were called during the hearing Thursday morning — Brewer and Detective Thomas Brownlee from the Santa Barbara County Sheriff’s Office.
After meeting Buzzard through a mutual friend in 2014 and a few chance encounters since then, Brewer said he sent a letter as the story of missing daughter went viral.
Law enforcement agencies started investigating the disappearance of Melodee Buzzard in mid-October, and discovered she was last seen in surveillance video out of state in early October.
Her whereabouts are unknown and the case has prompted nationwide news coverage.
Brewer said he reached out Buzzard to offer help and they communicated several times in the days leading up to the alleged false imprisonment incident on Nov. 6.
During the Nov. 6 visit, he reportedly said he wanted to leave, mentioning her demeanor and facial expressions.
“I felt uncomfortable. I felt threatened,” Brewer said, adding later under direct examination that he felt like the encounter lasted forever.
“It was very traumatic,” he added.
Under questioning from the defense attorney, Brewer said he did not remember if Buzzard had the box cutter in her hand. He had noted it earlier on a TV tray.
He testified Buzzard blocked his access to the exit, but said he didn’t try to go around her because he didn’t want to encroach on her personal space.
“Her demeanor made me feel like I wasn’t free to leave,” Brewer added.
Buzzard recorded the Nov. 6 interaction with Brewer, but attorneys played only a few minutes in court.
“I’m aware she illegally recorded our conversation without my consent,” Brewer said.
In the recording of the conversation, Buzzard called Brewer a liar and expressed suspicions about his motive for reaching out, accusing him of wanting attention.
After the encounter with Buzzard, Brewer immediately contacted sheriff’s deputies involved in the investigation of the missing girl.
“He appeared vey shaken on the phone,” Brownlee said, adding Brewer seemed to be traumatized and pulled his vehicle over since he was shaking.
Galvan rapidly fired a series of questions to the detective regarding whether he heard raised voices, cries for help or sounds of a struggle in Buzzard’s recording of the incident.
“I did not,” Brownlee repeatedly answered.
The defense attorney also raised questions about Brewer’s ethical responsibilities regarding attorney-client privilege. Brewer maintained he did nothing wrong.
Testimony during the hearing centered only on the allegations involving false imprisonment, avoiding any mentions about the missing daughter per the judge’s order narrowing the scope of questions.
Attorneys on both sides would have reasons to avoid mentioning the missing girl during the false imprisonment hearing, said defense attorney Michael J. Scott, who is not associated with the Buzzard case.
For the District Attorney’s Office, mentioning much about Melodee’s plight could bar charges in a future case, Scott said. The defense wouldn’t want comments allegedly made by Buzzard to Brewer to influence the judge’s ruling regarding the false imprisonment charge, he added.
Meanwhile, detectives continue to search for Melodee.
“Detectives have remained dedicated to the ongoing search for Melodee Buzzard. Investigators will continue to share information on that case to the extent that it does not interfere with their efforts,” said Raquel Zick, Sheriff’s Office public information officer.
Investigators have said repeatedly that Buzzard has not cooperated with efforts to determine her daughter’s whereabouts or condition.