Trespassing Charges in Arizona

My question involves criminal law for the state of: Arizona

I woke up in the middle of the night, went downstairs to my garage because I thought I heard something. Upon doing this, a man, dressed darkly flung open the garage door and ran for it. I did not get a good look at him, his back was to me the whole time, it was 3 am, and I had just woken from sleep. My roommates were not sure either, but we made out his size and shape. In his haste, he left the front door partially open, the back door partially open (I had it unlocked and have to leave it unlocked so my dog can get out), and even left his car just a little ways down the street. A car I recognized, as it turns out. It was the car of an ex roommate from 3 months prior, who had moved out. I am the sole name on the lease, but I had sub-letted a room to him for 7 months on a month to month basis. We had a contract which states that the lease must be terminated in writing only. However, he left before we could do this. I required him to pay me a deposit his last month to stay because I believed there would be damages after he left; he begged me for one more month, so the deposit seemed like insurance. If it was my former roommate, he would have known all our cars were there and that we were home. We didn't part on great terms. I don't know why he would do this.

His fingerprints were everywhere, but of course, he lived there, so I am not sure if that can be used as proof. His car was towed by the police but none of my stuff was in there. My roommates are willing to back me up and say they saw him, but I am not sure how reliable that will be in court. The person was not apprehended at that time. The police investigator told me my ex roommate had filed a police report filing the car as stolen, but only after the break in. He also claimed to have been out of state and has the receipts and a witness to prove it. The tags on the car were temporary ones that had expired. Nothing of mine was in the car, but I recognized some of his old possessions in there. He likely still had a key, nothing was damaged, nothing was taken. They said they were going to charge him with 1st degree trespassing which is a felony and can come with prison time. I am just not sure if this is going to stick since they didn't catch him and there is no physical proof. I hadn't seen him since e moved out, and haven't seen him since. I'm not even sure why he would be there if not to rob me, but the police said it is hard to prove intent for burglary, but that they can add on burglary later if some evidence or his testimony makes that possible. My lease will be up in 9 months.

Here are my questions: Without any physical proof that he was there, will he be convicted of 1st degree trespass (within a residential structure) if he was not videotaped or caught in the act? Will fingerprint evidence be enough to prove he was there (even though he had lived there recently)? Does it make any difference his car was on the street (in light of the fact that it was locked and legally parked)? Will my roommates testimony carry any weight (since they were taken by surprise too)? Does it make any difference that he had a signed by me lease that had not been properly terminated? Does that constitute "permission" to be there? Is this a civil or criminal trespass? What is the likely sentence he would get if he plead it down?

I understand nothing anyone says should be constued as legal advice, BUT if anyone can shed some light it would help. It just feels weak to me. I'm not 100% sure it was him, except his car was there and my dog didn't bark at him the way she does at most strangers-- which leads me to believe it was him. I have put up video cameras and largely stay at my girlfriends house now. Is there anything I can do?

Being that no one can positively ID the runner as anyone leaves the case pretty weak, if there's any case to be made at all. You say you've put up cameras, have you changed the locks also? An alarm system may be a prudent choice too, being that you've more than a few months left on your lease. Looks to be you're pretty prepared in the event of reccurrence.

The fact that his car was in the area is more than a little suspicious, but not proof-positive that he was in the area.

As in anything else of this nature, it's not what ya know, it's what ya can prove. I don't see any sorta trespass case being able to be proven given the facts presented.

Thank you for responding. YES I changed the locks that morning after it happened; I feel so dumb for not doing it earlier.

I'm pretty mad that it doesn't sound like his car or fingerprints are enough evidence. I still want him caught however. A friend of mine suggested possibly traffic cameras, but I don't know how long they keep video. I got a neighbors video, but it is blurry and VERY dark when the guy comes into view. The police informed me he is no longer in the state (which is a relief), but I'm not sure what happens to the case at this point.

Why is the car, fingerprints, witnesses not enough? He claimed his car was stolen, but who is buying that? I don't understand why it wouldn't stick without positive ID. We told police we saw him, and it was definitely him (proof positive) and the car is the physical evidence. I feel kind of bad saying it was him when I wasn't 100% sure, but I am just so sure it had to be him after I thought about it and the cop came back and confirmed prints and vehicle registry.

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Quoting CabbyG3

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I feel kind of bad saying it was him when I wasn't 100% sure,

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You'll feel even worse if the guy's alibi checks out and you get charged with filing a false report and sued for defamation.