SANTA CRUZ — Judges ruled Friday that a case against an El Cerrito man accused of killing his Capitola girlfriend should not be thrown out, nor tried in another jurisdiction because of potential juror bias.

Theobald Lengyel, 54, appeared in Santa Cruz County Superior Court for two separate hearings, each involving motions by his defense attorney Annrae Angel.

Judge Denine Guy found that sufficient evidence was proven to put Lengyel on trial as early as August 19 on charges of murder, burglary and car theft, although Angel argued in her court filings should be dismissed or downgraded for lack of evidence. However, Santa Cruz County Assistant District Attorney Conor McCormick agreed to dismiss the burglary count for lack of evidence, he said.