LAKEPORT, Calif. – A Sonoma County man alleged to have taken part in the torture and attempted murder of a Lakeport man will soon be free after the prosecutor in the case said Friday he planned to drop the charges.

Joshua Isaac Wandrey Sr., 36, of Rohnert Park is expected to be released next week after the motion to dismiss the charges is heard Jan. 21.

Deputy District Attorney Art Grothe filed a motion Friday which stated, in part, “it is my professional opinion that there is currently insufficient evidence to proceed with this matter” against Wandrey.

He announced his intention to dismiss the case at Wandrey's trial readiness conference Friday in Lakeport.

After court Grothe said he had no further comment on the case in advance of next week's hearing.

Grothe's decision was “the correct thing to do,” said Wandrey's attorney, Stephen Carter.

Carter credited District Attorney Don Anderson and Grothe for recognizing and realizing that the dismissal should take place.

Wandrey was arrested in November 2009 following the attack the previous month on 49-year-old Ronald Greiner of Lakeport, who was shot, beaten, hogtied with barbed wire and robbed of 10 pounds of marijuana at his home, as Lake County News has reported.

Wandrey and co-defendant Thomas Loyd Dudney, 60, of Fulton, were charged with attempted murder, mayhem, torture, home invasion robbery, burglary, assault with a firearm, assault likely to cause great bodily injury, a special allegation for alleged gang activity and another special allegation for use of a firearm.

The case had been handled since its inception by former District Attorney Jon Hopkins, who left office last month after losing his reelection bid last year.

Grothe's motion explained that on or around Dec. 7 he received Wandrey's case file “as part of a reassignment of cases” that resulted from Hopkins' departure.

“Following that reassignment I reviewed all reports, evidence, and prior hearings conducted in this case,” Grothe stated.

Based on that review, as well as discussions with witnesses, investigators and other District Attorney's Office personnel, Grothe said he concluded that he didn't have the evidence needed to move forward.

Carter said Wandrey will have no further risk of any prison time associated with this case after the dismissal takes place.

“Of course he is pleased with that outcome and glad to put it behind him and move on,” Carter said.

However, Grothe's motion indicated the case could be taken up again in the future, as the investigation regarding Wandrey is continuing.

Grothe's motion goes on to note, “if further evidence is secured, then the case will be reevaluated upon its merits at that time.”

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