Sonoma County Supervisor Efren Carrillo is due back in court Friday to see whether he will be charged with a crime stemming from his pre-dawn arrest in July outside a Santa Rosa woman's home.
State prosecutors, who have postponed the hearing three times, have yet to say what charges, if any, Carrillo might face.
Nick Pacilio, a spokesman for the state Attorney General's Office, which is overseeing the case, said a review was ongoing. He declined to discuss any details.
"Our office is still considering options," Pacilio said Wednesday.
The prosecutor assigned to the case, Cody Hunt, did not return phone calls seeking comment.
Carrillo's lawyer, Chris Andrian, said Wednesday he had not yet been told by prosecutors whether his client will face charges.
Carrillo, 32, was arrested in his west Santa Rosa neighborhood July 13 on suspicion of prowling and burglary.
Santa Rosa police officers responding to a pair of early morning 911 calls from the woman found Carrillo nearby in just his socks and underwear and carrying a cellphone.
Her bedroom window screen was torn, police said. The woman told told investigators she awoke to the sound of rustling blinds and saw a man, later identified as Carrillo, standing outside the window.
In her second 911 call, she said the person knocked on her door, identified himself as a neighbor and ran away.
Carrillo was arrested when he could not offer an explanation for his behavior, police said.
After posting bail, he reportedly checked in to an alcohol treatment facility, where he said he remained for five weeks.
On his return to the Board of Supervisors Aug. 20, he apologized and described a longtime problem with binge drinking.
The case returns to court at a critical time, 11 days after the fatal shooting of 13-year-old Andy Lopez by a sheriff's deputy in a neighborhood outside southwest Santa Rosa that Carrillo represents. The boy's death has convulsed the county, prompting numerous protests and drawing international media attention.
Carrillo, who had maintained a lower profile since his return to public life, has been more visible in the shooting's immediate aftermath, appearing at vigils, marches and a memorial service for Lopez and taking interviews with local and national press.
Some onlookers have praised his involvement.
"For him to be visible in the community, speaking with people, participating in the march and rally was an important thing to be doing," said Stephen Gale, chairman of the Sonoma County Democratic Party. "I think the events of this last week overshadow some of the political considerations that might apply if he's deciding to attend something or not."
His sharpest critics, however, say his greater public presence won't deter their campaign, including a vow to recall him if he doesn't resign.
"His conduct on the previous issue, that needs to be resolved on its own merits," said Magdalena Ridley, a Santa Rosa political activist, speaking of Carrillo's arrest. Echoing others, she called Lopez's shooting last week — by a veteran deputy who apparently mistook a BB gun he was holding for an assault rifle — a tragedy.
But "if what he (Carrillo) did before is wrong, it's not mitigated by a good or bad response to something else," Ridley said.