The problem here is the trespassing was in an unfinished house where there could be no breaking and entering. There’s also no indication that he stole anything.
I don't think there is a specification in the law that the home has to be finished. People may be reading that into the law, but that is not actually in the law.
Theres also no indication that he stole anything.
There are plenty of indications that he stole something. There are three reported thefts, and they have video of him in the house at night as well as reports of seeing him in between the houses at night.
He's a thief, and the evidence will demonstrate this.