Allegations of loitering around children against Victor Emmer are still being investigated, according to the El Dorado County district attorney’s office.

“At present time, we do not believe we have sufficient evidence to lead to a conviction,” said Worth Dikeman, deputy district attorney.

As a result, Emmer has not been officially charged following his arrest last month.

The Folsom resident was arrested March 13 on suspicion of loitering where children gather after a woman’s citizen’s arrest warrant alleged Emmer had spoken to her two children at three different children’s-themed events.

Dikeman could not say how long the investigation would take, but did mention the district attorney’s office was looking for evidence to prove Emmer’s guilt “beyond reasonable doubt” before officially filing charges.

“We have not rejected the loitering complaint at present time,” he said.

Emmer will be appearing in court, however, for a charge unrelated to his alleged loitering.

“We’ve charged him with hit-and-run and driving without a valid license,” Dikeman said.

If sufficient evidence cannot be found, Dikeman said the DA’s office would reject the loitering charge.

The American Civil Liberties Union did suggest Emmer could take legal action against the woman who filed for the citizen’s arrest warrant if his loitering allegations are dropped, but Dikeman sounded skeptical about the validity of any lawsuits the Folsom man might file in the future.

“Anybody can file a lawsuit,” he said. “But arrests are made on probable cause.”

Dale Gomes, the deputy district attorney handling the investigation of the loitering charge, could not be reached for comment.