THEFT CHARGES ARE DISMISSED.

Byline: Karen Maeshiro Staff Writer

LANCASTER - Criminal charges were dismissed against a Palmdale man accused of stealing thousands of dollars worth of firefighting equipment after a judge ruled that his house was searched illegally.

Antelope Valley Superior Court Judge Lisa Chung granted a defense motion to suppress evidence from the search of the home of Thomas Case, 32.

``The judge felt that the sheriff's deputies had violated his search and seizure rights by searching his home without his consent and without a warrant,'' said Case's attorney, Milton Grimes.

Deputy District Attorney Robert Foltz, head of the Lancaster office, said he disagreed with the judge's decision and is considering refiling the case.

``The guy signed a form that you have consent to search the property. (The judge) found when he signed it, he didn't do so freely and voluntarily because he was so frightened by police,'' Foltz said.

Foltz noted that Case's brother is a police officer and his father is a state prison correctional officer.

``He even has a picture of himself in a fire department uniform and passed himself as a firefighter on a number of occasions, quite contrary to an individual who would be afraid of police,'' Foltz said.

Grimes countered that Case signed the consent form under pressure from investigators who came to his home.

``They searched his home originally when officers arrived, then they wanted him to sign a consent for a further search. He refused to sign and told them to go get a warrant. They occupied his home for several hours. The detectives came to see if he would change his mind. He finally signed the consent form after all this pressure,'' Grimes said.

Investigators were tipped off to Case after an off-duty sheriff's deputy during Halloween 2003 took his daughter trick-or-treating to Case's Palmdale home and in a window saw a mannequin dressed as a firefighter and wearing an old-fashioned New York state-style fire helmet.

The deputy recognized the helmet as one that had been stolen from a firetruck on display during a July 4, 2003, celebration at Highland High School, investigators said.

In a search later, investigators said they found equipment that had been stolen from the firetruck at the Highland High event, from Leona Valley Fire Station 140 and from a Santa Clarita fire station.

Investigators said Case always wanted to be a firefighter but a 1992 felony burglary conviction disqualified him from becoming one. He is also a registered sex offender for a 1997 sexual battery conviction.

Karen Maeshiro, [phone]

karen.maeshiro(at)dailynews.com