Jury Convicts Gary Lee Roberts II of Burglarizing Atascadero Home; District Attorney Praises Victim’s Courage
Author: District Attorney
Date: 10/1/2026 2:01 PM
District Attorney Dan Dow announced today that a San Luis Obispo County jury found Gary Lee Roberts II (DOB 12/03/1987) guilty of first-degree residential burglary and attempted first-degree residential burglary after breaking into a home in Atascadero on October 9, 2025.
San Luis Obispo County District Attorney Dan Dow announced that on Wednesday, September 30, 2026, a San Luis Obispo County jury found Gary Lee Roberts II (38) guilty of first-degree residential burglary and attempted first-degree residential burglary for targeting the same Atascadero home on October 7 and October 9, 2025. Both crimes are serious felonies under California law.
The victim first saw Roberts on October 6, 2025, when her home security camera recorded him at her front door. He knocked, asked for someone named “Jeff,” and left after the victim told him through the camera that no one by that name lived there. The victim did not know Roberts and had never seen him before that day.
The next morning, October 7, while the victim was at work, Roberts returned. Security video showed him wearing a hat, a mask, and a hooded sweatshirt as he tried to open the front door and then searched a planter box near the entrance, turning over rocks as if looking for a hidden key. He left, returned about a minute later, and kept searching until the victim spoke to him through the camera and told him he was being recorded. He then ran off.
The victim reported the attempted break-in to the Atascadero Police Department. Officers were unable to recover usable fingerprints because Roberts’ hands were covered. Following that incident, the victim took steps to protect her home, keeping her doors locked and securing her windows with jammers.
On the morning of October 9, 2025, the victim again saw Roberts on her camera system. She called law enforcement and drove home. While she waited for officers, she saw Roberts walk out of her home carrying her personal property. She confronted him and pushed him into the bushes to keep him from getting away. A struggle followed, and the victim punched Roberts in the face as Atascadero police officers arrived and detained him at the scene.
Officers found that the rear sliding-glass door had been shattered and the home ransacked. The front door and metal security screen door, which the victim had locked before leaving, were standing open. The victim later found a hammer inside her home that did not belong to her, which she believed had been used to break the glass door.
“This victim showed extraordinary courage,” said District Attorney Dan Dow. “For days she watched a stranger try to get into her home. When she saw him walking out her door with her belongings, she faced him directly and made sure he could not run off before officers arrived. Because of her bravery, he was caught in the act and has now been held accountable by a jury. No one should ever have to protect their own home this way, and we always encourage people to put their safety first and call 911. But we are deeply grateful for her strength, both on that morning and throughout this trial.”
“Everyone deserves to feel safe in their own home,” Dow continued. “This verdict shows our criminal and victim justice system working the way it should: a victim who spoke up, officers who responded quickly, a prosecutor who presented the evidence with care, and a jury that carefully weighed the facts. Our team will continue to stand with this victim through sentencing.”
Roberts remains in custody. Roberts waived his right to a jury on the remaining allegations, so Judge Crystal T. Seiler will hold a court trial on October 19, 2026, at 8:30 a.m. in Department 9 of the San Luis Obispo County Superior Court. The court will decide the alleged factors in aggravation and the allegation that Roberts has a prior serious and violent felony (“strike”) conviction for assault with a deadly weapon in San Luis Obispo County in 2015. Those allegations have not yet been decided. A sentencing date has not been set.
This case was investigated by the Atascadero Police Department and prosecuted by Deputy District Attorney Julie Antos. Victim services were provided by the District Attorney’s Christopher G. Money Victim Witness Assistance Center, including Victim Advocate Gabriela Puga and Witness Coordinator Eloiza Basinger.
Victims of crime in San Luis Obispo County can receive free, confidential support, including help with court accompaniment, safety planning, and applying for victim compensation, through the Christopher G. Money Victim Witness Assistance Center at (805) 781-5821 or toll-free at (866) 781-5821.
Here is the defendant's booking photo. Here is the charging document.
Members of the media may contact Assistant District Attorney Eric J. Dobroth at (805) 781-5819 for additional information.
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