A motion to dismiss the single remaining charge of felony dependent-adult abuse filed against a San Francisco transplant surgeon has been rejected by a San Luis Obispo County Superior Court judge.

Judge Jac Crawford issued the ruling more than a month ago in the case against Dr. Hootan Roozrokh, 34, who is expected to stand trial on the single charge beginning next month.

Attorney M. Gerald Schwartzbach, who is representing Roozrokh, said Wednesday he had mixed feelings about the ruling, but “very much looks forward to exonerating Dr. Roozrokh in a public trial.”

“I wouldn’t have filed the motion if I didn’t believe it was meritorious,” Schwartzbach said. “I respect the court, but I believe the court legally erred (in its decision). The case should have been dismissed.”

Schwartzbach added that the upside to the judge’s ruling is that he will be able to prove the surgeon’s innocence during the jury trial, which is expected to start on Oct. 20.

“My goal is to not only attain an acquittal for Dr. Roozrokh, but also to restore his good name,” Schwartzbach said, adding he won’t appeal Crawford’s ruling.

At the end of a preliminary hearing in the case in March, Superior Court Judge Martin Tangeman dismissed two other felonies — administering Betadine to a human knowing it would cause injury, and administering controlled-substance prescriptions not used for legitimate medical purposes — from the original charges against Roozrokh. That left only the charge of abusing a dependent adult.

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Following Tangeman’s ruling, Schwartzbach filed a motion to dismiss the remaining charge, and both sides presented their arguments in front of Crawford at the end of July as to why the felony should stand or be dismissed.

Prosecutors allege the surgeon ordered huge amounts of the pain-killer morphine and sedative Ativan — 200 milligrams and 80 milligrams, respectively — be given to Ruben Navarro, 25, on Feb. 3, 2006, to speed up his death so his organs could be procured for transplant.

Human organs are viable for harvesting only between 30 minutes and one hour after a person dies.

Navarro’s mother, who lives in Oxnard, agreed to the donation of her son’s kidneys and liver, according to court records.

Navarro, who suffered from a debilitating neurological disease, was admitted to Sierra Vista Regional Medical Center on Jan. 29, 2006, after suffering a massive heart attack. He was in coma and never regained consciousness.

The San Luis Obispo resident died at Sierra Vista on Feb. 4, 2006, about eight hours after the failed organ harvest, led by Roozrokh, was started and then stopped when Navarro didn’t die within the allotted time.

For a jury to find Roozrokh guilty, prosecutors must prove he acted with criminal negligence, willfully causing Navarro to suffer great bodily harm or death on the night of the failed organ harvest.

If convicted of the dependent-adult abuse charge, the maximum sentence Roozrokh could face is four years in state prison.

April Charlton can be reached at 489-4206, Ext. 5016, or acharlton@santamariatimes.com.

September 25, 2008