Case Against Man in Attic Dropped : Thousand Oaks: David Michael Russell is back to picking up trash and pulling weeds.

Criminal charges were dismissed Monday against a man who spent three years living in the attic crawl space of a Thousand Oaks shopping center, and his sister said he already has returned to the upscale neighborhood to tend to his tasks.

David Michael Russell, 40, is back at his daily routine of picking up trash, pulling weeds, returning shopping carts to a nearby store and recycling cans he collects from the streets, Robin Salcedo, his sister, said.

“You’ll find him at the Village Glen complex as far as I know,” she said after charges were dismissed in Ventura County Municipal Court. “He’ll be around there, or any of the tenants there will have seen him.”

Russell was arrested June 2 by Ventura County sheriff’s deputies on charges of burglary. He was accused of diverting electricity and water to an attic crawl space above the Village Glen Plaza, where he had lived since 1990. He had set up a three-room “apartment” above the complex that included a refrigerator, desk, black and white television and a microwave oven.

Russell, who did not appear in court and could not be reached for comment Monday, spent three days in Ventura County Jail earlier this month on charges of trespassing and theft of utilities.

Deputy Dist. Atty. Richard W. Kelman said he agreed to dismiss the charges in the interest of justice.

“With the budgetary problems we’ve got and the lack of threat by Mr. Russell in the community, the case did not warrant further prosecution,” he said. “What he does now after the case is dismissed is up to him.”

Tenants in the Village Glen Plaza know Russell as a familiar character who takes it upon himself to keep the neighborhood clean, tending to flower beds, clearing areas of rubbish and debris and recycling discarded aluminum cans. Others say he is quick to help those in need and buys coffee and doughnuts for acquaintances when he can spare a dollar.

“That’s wonderful,” said Dora Klein, a chef at Bauducco’s Italian Deli & Bakery, when told of the case dismissal. “He’s just a very nice boy who doesn’t deserve to be in jail.

“He does the whole shopping area,” she said. “He makes sure all the shopping carts are returned. He picks up the trash. He’s a nice guy who just needs some help and a place to live.”

Some merchants in the Village Glen Plaza said Russell should translate his concern for the neighborhood into a job that pays.

“I know he was trying to make himself feel like he was giving back something he’s gotten,” Bunny Sandler, co-owner of Village Glen Travel, said. “If he’s capable of going out and cleaning things up, someone should utilize his talents.”

The president of the property management company that reported Russell to authorities said his firm had no choice but to drop the charges.

“We couldn’t prove that none of the tenants hadn’t allowed him access to the rooms,” said John Heidt, president of Chapman Evans Co., which manages the plaza. “There was some contention that some of the tenants knew he was getting into the attic.”

Heidt said he felt badly for reporting Russell to police, but said it was a liability he could not afford.

“We have a company that is hired to maintain the complex,” he said. “Maybe he should apply with them.”

Deputy Public Defender Robert A. Dahlstedt said Russell was on his way to court Monday morning, but Dahlstedt said he appeared instead on behalf of his client before Judge Thomas J. Hutchins.

“He wanted to get up and say his piece, and explain why he was (living) there,” Dahlstedt said. “But he was late so I appeared for him. The guy’s not a criminal. I probably won’t see him again.”

Sandler said she would not mind if Russell turned up outside her travel office.

“He’s not the only homeless person around here,” Sandler said. “We’ve had a few. But he might be the only one who cleans up after himself and others.”