Lindsay Lohan not being charged in theft case

Actress Lindsay Lohan attends Domingo Zapata's Oscar Art

Actress Lindsay Lohan attends Domingo Zapata's Oscar Art Show presented in Beverly Hills, Calif. (Feb. 22, 2012 ) (Credit: Getty Images)

The Los Angeles County District Attorney's office has declined to charge actress Lindsay Lohan in an alleged theft earlier this month from a Hollywood Hills home.

"We do not have sufficient evidence to prove this case beyond a reasonable doubt," the district attorney's office wrote in the charge evaluation form for suspects Lohan, her assistant Gavin Lawrence Doyle and her friend Andrew Nicholas Payan.

A Los Angeles Police Department spokeswoman, Tenesha Dobine, told Newsday that police detectives had been investigating the incident as late as Tuesday and had left it up to the DA whether to charge Lohan, 26, and the others.

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"Lindsay is glad this matter has been cleared up so she can focus on her upcoming projects," spokesman Steve Honig, said in a statement.

Law enforcement sources told the Los Angeles Times Tuesday that the victim had not cooperated with police, hampering the investigation. TMZ.com -- which first reported the apparent burglary identified the victim as Sam Magid, a Lohan friend. The site later reported that Magid had texted Lohan to say, "I officially told Detective Rodriguez you can't take anything from me cause what's mine is yours." The investigating officer is named Steven B. Ramirez, according to the LAPD.

The prosecutor's memo said a security guard had denied Lohan entrance to the residence at 2 a.m. on Aug. 19, the day of the alleged burglary, noting she was distraught Magid may have been inside with another woman. Items including keys, cash, sunglasses and a credit card holder were discovered missing from the house and from cars in the attached garage.

However, the memo went on, "The [victims] did not identify any of the suspects and the potential eyewitnesses have refused to become involved. None of the suspects was found in possession of either [victim's] property. One of the suspects makes a vague admission that he and the others were there, and that 'someone' took something but is not more specific than that."

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