Fresno’s first anti-camping prosecution thrown out by judge. Here’s why
A trial judge threw out a case against a homeless man who was set to be the first prosecuted under the city of Fresno’s strict anti-camping law.
Fresno County Judge Brian Alvarez ruled Thursday that the Fresno City Attorney’s Office violated Wickey Two Hands’ right to a speedy trial because it failed to bring him to trial in a timely manner. He was arrested Oct. 14.
“Mr. Two Hands had a right to have his trial heard within 45 days, and he always asserted his timely and speedy right to trial statutorily,” Alvarez said. “There’s been a violation of that. It’s very clear that, because of that statutory violation, this matter should be dismissed.”
The prosecution of Two Hands, 77, who has been homeless in Fresno since 2021, could have offered a glimpse into how the city planned to argue in court on behalf of an ordinance that some say unjustly criminalizes homeless people.
The City Council approved the law — known as the no-sit-sleep-or-lie ordinance — last year, allowing for homeless people to be jailed or fined if they refuse treatment or shelter. Police arrested Two Hands last fall for allegedly violating the ordinance and charged him with a misdemeanor.
The city of Fresno offered Two Hands a “unique diversion package” for seniors, though he wanted to take his case to a jury trial. The city again offered that settlement in court Thursday before the case was dismissed.
In California, people charged with misdemeanors who assert their right to a speedy trial must be provided one within 45 days of their initial arraignment, if they are not incarcerated. Two Hands first appeared in court in January and the court set a trial for February. The city asked the court to postpone the trial until April because of “discovery issues” that “required us to review thousands of pages,” said Daniel Cisneros, a deputy city attorney.
But an April trial date was too late, Judge Alvarez said, so he decided to throw out the case against Two Hands.
“It’s a pretty good day in my life,” Two Hands said after the hearing, “but I think I deserve it.”
His attorney, Kevin Little, said the city should be ready to prosecute — if that is the route they are going to take against homeless people — because “we’re not going to waive time.”
“We’re not going to allow these cases to stay in court any longer than they should, because this is an abhorrent law, and any prosecutions that arise from them are equally abhorrent in our view,” Little said.
He said the city’s attempt to offer Two Hands a diversion program and drug treatment services “felt tawdry, it felt like a bribe.”
“Mr. Two Hands doesn’t need any services other than a place to live,” Little said. “He’s not addicted to drugs. He’s not addicted to alcohol. He works every day, multiple jobs.”
City Attorney Andrew Janz was not in court, and the case was assigned to Cisneros and another deputy city attorney, Nicole Santiago. But after the Thursday ruling, Janz released a statement to the media.
“Our office has immense respect for Judge Alvarez but disagree with his ruling to dismiss the case,” Janz said. “This outcome is unfortunate because we identified housing for the defendant as part of a proposed plea deal and he will now likely end up back on our streets without a structured plea deal in place. We hope that Mr. Two Hands takes advantage of these services being offered.”
What’s next for Two Hands, no-camping ordinance?
Little said he and Two Hands will take Thursday’s ruling as a “technical win.”
But the attorney, who is representing two other homeless men arrested under the city’s no-camping law, said his clients will continue to challenge the city’s ordinance in court.
“I think it’s important that, ultimately, a jury decides how fair it is to prosecute people under this law and whether it’s indeed lawful,” Little said.
He said the Fresno City Council should “see the writing on the wall.”
A proposed law making its way through the state Legislature, SB 634, would make no-sit-sleep-or-lie ordinances like the city of Fresno’s illegal in California. Little says he expects that bill to pass this year.
“The state Legislature might beat us to overturning this (Fresno) law,” he said. “Still, we have lawsuits pending against the city of Fresno for how it treats or, better said, mistreats the unhoused. And those lawsuits are going to continue.”
Despite declining the city’s offer to find him housing, Two Hands has found it through the help of Fresno advocates.
“He’s not going to be sleeping on the street tonight,” said advocate Dez Martinez.
This story was originally published April 10, 2025 at 1:19 PM.
