No Charges for Suspect in Kidnap Try : Crime: D.A.’s office says conflicting evidence would make it impossible to prove case against a drifter who allegedly grabbed a Seal Beach 5-year-old in her yard.

Police and parents of a 5-year-old girl who say she resisted an abduction in her frontyard last week are upset that the Orange County district attorney’s office has declined to file attempted kidnapping charges against the alleged assailant.

Dennis Gill, 32, of New Jersey, was arrested at a nearby motel three hours after he allegedly grabbed the girl’s arm and tried to get her to go for “a ride” on his shoulders, Seal Beach Det. Bob Mullins said.

The drifter, who had been staying in the Seal Beach area, faces domestic violence charges in Los Angeles County and other charges of possession of stolen property and forged checks in his native state. He was in possession of methamphetamine and under the influence of the drug when he was arrested last Saturday, police said.

Gill was turned over to Los Angeles County officials Friday for prosecution on charges there. Although the Orange County district attorney’s office filed three misdemeanor drug charges against Gill earlier in the week, placing him on probation in exchange for a plea, prosecutors declined to file abduction charges.

Dave Himelson, a supervising deputy district attorney, said there were inconsistencies in witness accounts. He declined to elaborate.

“After a thorough review of all the evidence, an experienced felony prosecutor concluded the evidence was insufficient to prove the case beyond a reasonable doubt,” Himelson said Friday. “The evidence has to be so strong that a jury of 12 people can find beyond a reasonable doubt that the person committed the crime. If the evidence is weak and equivocal we are obligated not to file.”

Mullins said investigators believed they had a strong case against Gill, because the girl, Alyssa, has been calm and cooperative and detectives photographed a noticeable red mark that Gill allegedly left on Alyssa’s arm when he grabbed her.

“I am confident that we have the right person,” Mullins said. “There’s never a guarantee when it goes to trial what’s going to happen. I would just like to have seen him have a day in court.”

Alyssa’s father said he feels his daughter’s case sends a frightening message beyond his tight-knit community of Old Town Seal Beach, where neighbors galvanized by the attack have been peppering police with phone calls.

“It’s an assault on all children,” said Bob Woodroof, 48. “If they can’t be comfortable playing 15 feet in front of their house, where do we put them? And if that’s not a priority with the district attorney’s office, then what is?”

Woodroof said he fears that Gill is unlikely to get much time for his other crimes. According to Mullins, the charges Gill faces in Los Angeles County could bring him a maximum of one year in county jail, but it is unlikely he would serve the full sentence.

Woodroof and Mullins said Alyssa was playing with another 5-year-old in the Woodroof frontyard on Electric Avenue near Seal Beach Boulevard Saturday. Her mother briefly stepped into the backyard and her friend ducked inside for a glass of water.

Gill, who was walking a small brown dog, allegedly approached Alyssa and asked her if she “wanted to go for a ride,” gesturing to his shoulders. “She said ‘No’ and screamed, and then he grabbed her,” Mullins said.

Alyssa broke free and ran back toward the house, as the other little girl came out in time to see the man flee, Mullins said.

Woodroof said the event seems to have traumatized him and his wife, Cindy, more than their little girl, who is less able to imagine how easily the incident could have turned tragic.

“She’s a pretty tough little girl--very strong-willed, which isn’t always a blessing, but in this case it was,” said Woodroof.

Police spotted Gill walking his dog shortly after the 3 p.m. incident, and he bolted. But officers tracked him to a Sunset Beach motel and took him into custody.

Alyssa and her mother baked cookies for investigators Friday and the little girl called Mullins to “ask permission to come to the station” before delivering them, he said. Once there, she asked to see the “bad guys.”