photo by: Kansas Department Of Corrections

Isaias Esai Rojo in January of 2021.

Burglary charges were dismissed against a Lawrence man in Douglas County District Court after the alleged victim failed to appear at a hearing on Friday, but the man is still facing two rape charges and is set for trial.

Isaias Esai Rojo, 26, was facing one felony count of burglary of a firearm, one felony count of theft, one count of possession of a firearm by a convicted felon and a misdemeanor count of theft, but Judge Sally Pokorny dismissed the charges without prejudice — meaning they can be refiled — after the state could not produce the alleged victim.

“Most victims who have experienced a burglary or theft are usually eager to testify,” Pokorny said.

Assistant District Attorney Ricardo Leal told Pokorny that the state was able to serve the alleged victim with a subpoena to appear, but the DA’s office has not been able to reach the person otherwise.

Court records indicate that this is the second burglary case that has been dismissed against Rojo since he was charged with two felony counts of rape in April of 2021. His last aggravated burglary charge from May of 2021 was dismissed after Judge James McCabria did not find probable cause to bind him over on the charges at a preliminary hearing in August of 2021.

Rojo is currently on a $100,000 bond for the rape charges. He is accused of raping two women, ages 18 and 19, who were incapable of consenting due to intoxication. He was bound over for the charges in May of 2021, according to court records. The alleged incident occurred on June 18, 2020.

Rojo was convicted in Douglas County District Court in May of 2018 for burglary and was sentenced to 16 months in prison by Pokorny, according to court records.

Rojo is scheduled for trial on the rape charges on Jan. 9, 2023.