continued Tovar's version of the event? He referred inquiries to his attorney. The attorney never called back. Detective Borrelli did not return calls either.
A possible obstacle to Tovar's prosecution is the fact that the weapon was never found. Dolan never saw it. Some witnesses, including Open Bar security worker Erik Moe, claimed they'd seen Tovar throw something in a Dumpster across the street from the bar shortly after his second attack on Dolan, though they couldn't say what it was. In his report, Officer J. Maud of the San Diego Police Department wrote, "I checked inside the Dumpster and found that it was partially full of broken bottles and trash. I could clearly see that there was no knife inside. I checked under and around the Dumpster but did not find a knife or broken bottle with blood on it."
With permission from Tovar and his wife Connie Tovar, who was at the bar that night, police then searched Tovar's Ford Expedition. "I conducted a search of the Tovars' vehicle but did not find any evidence of the crime," Maud wrote. "I began to search the area for any weapons or any other additional evidence from the incident. I started my search at the east end of 700 Thomas Avenue and completed my search at the boardwalk on the west end of the block. I did not find any evidence."
During the weeks following the incident, Dolan expected to get a call from the district attorney's office requesting his cooperation in prosecuting Tovar. The call never came. So he called them. "I told them, 'I am pushing for an attempted murder charge, because my doctors have been saying that the guy stabbed me and then wrenched it to the side and pulled my intestines out, like it was a gutting.' I said, 'This guy tried to gut me and kill me. I want an attempted murder charge put on the guy.' They said, 'We don't think we can do it.' I said, 'Okay, well, charge him with the three felonies that the police are recommending, then.' And they said, 'We have to continue to look at this.' That was nine or ten months ago."
Dolan, now a law student in the Bay Area, says he considered a civil suit against Tovar. "But lawyers I've spoken to don't want to touch the case because in a civil action [Tovar's lawyers] could submit as evidence that the D.A. wouldn't pick up this case. If they don't press any charges against him criminally, it basically pulls the rug out from underneath any civil suit."