UPDATE: On Dec. 15, a judge refused to dismiss the charges against O'Ryan, saying "enough" evidence had been presented at the preliminary hearing to proceed to trial.
But "it's awfully close," the judge added.
Robert O'Ryan, who last spring jumped the fence at the Dancing With the Stars studio in order to get close to the Olympic gymnast turned reality champ, has been ordered to stand trial on charges of stalking, gun possession and commercial burglary—but not attempted kidnapping, thanks to what the judge in the case deemed an insufficient amount of evidence to allege a planned abduction.
Los Angeles Superior Court Judge Michael D. Carter said prosecutors "met the burden of proof for the stalking charge" and that O'Ryan "did intend to stalk the victim and place the victim in fear."
What he didn't do, at least according to his public defender, was intend to harm the 17-year-old.
It's not like the plastic zip ties, duct tape, knife, bulletproof vest and two loaded guns found in his vehicle could cause any harm, right?
"He was a fan inspired to come to Los Angeles with all of his possessions," attorney Judith Greenberg said. "There is not a scintilla of evidence that he had any intention to kidnap Ms. Johnson or force her to be with him in any way. All my client's actions have innocent interpretations."
O'Ryan pleaded not guilty to stalking last spring. An arraignment hearing on the remaining charges has been set for Oct. 27. If convicted, he faces a maximum of five years and four months in state prison. He remains in police custody.
Here's hoping the prosecution can stick their landing.
Shawn Johnson took home last spring's coveted mirror ball trophy. Find out who's the early favorite this season in our Dancing With the Stars recap.