DA Smittcamp won’t prosecute Fresno threat case, reigniting claims of political bias
The Fresno County District Attorney’s Office has declined to file criminal charges against a Fresno man who is alleged to have threatened City Attorney Andrew Janz and Fresno County Judge Gary Orozco.
Burton James Enloe, 34, was arrested on Tuesday and booked in the Fresno County Jail on suspicion of making criminal threats and threatening state officials.
The alleged threats were made by Enloe during a police interview on an unrelated investigation.
Court records show that during his tenure as a deputy district attorney, Janz prosecuted Enloe on charges of domestic violence, resisting a police officer and contempt of court. Judge Orozco presided over the 2022 case.
Enloe was expected to be arraigned Friday, but Fresno County District Attorney Lisa Smittcamp chose not to file criminal charges, a move that reignited accusations Smittcamp, a staunch Republican, treats elected Democrats unfairly. Janz and Orozco are Democrats.
‘Insufficient evidence,’ says DA’s office
Taylor P. Long, public information officer for the DA’s office, said the decision not to prosecute was based on “insufficient evidence” and nothing else.
“The decision to not file charges has nothing to do with a person’s political affiliation,” Long said. “Our filing decisions are based solely upon the facts, the law, and the sufficiency of the evidence.”
In September, several groups including the Fresno County Democrats called on California Attorney General Rob Bonta to investigate Smittcamp and her office’s Public Integrity Unit for allegedly targeting elected Democrats of color.
Janz said Friday that out of respect to his former colleagues at the District Attorney’s Office he wasn’t going to comment about his former boss’s decision not to file.
“I do want to thank the officers and detectives at the Fresno Police Department for putting in countless hours in investigating this case and for their concern for my safety,” he said.
Judge Orozco declined to comment and he also thanked law enforcement for warning him about a possible threat.
Arias questions common sense
Fresno City Councilmember Miguel Arias questioned the common sense of not pursuing charges against the suspect, given the growing number of threats against elected officials, prosecutors and judges.
“I am afraid that this decision to not file the case further emboldens those individuals and jeapordizes the integrity of the criminal justice system and our democracy at large,” Arias said.
Enloe remained in the Fresno County Jail on Friday on a no-bail hold. He is facing charges of violating his probation for his conviction on domestic violence charges. His next court appearance is April 18 in Department 95.
