PHOENIX (KSAZ) - The only person who has been questioned in the I-10 shootings is being released from jail. A judge ordered that he be set free after prosecutors say they don't have the evidence to keep him locked up.
The Arizona Department of Public Safety says Oscar Munoz is not the prime suspect in the case.
19-year-old Oscar Munoz has been jailed for a week, but DPS says he is not off their radar.
Oscar De La Torre Munoz stood before a judge for less than a minute, the judge swiftly said he's free to go.
"I'm ordering you to be released from custody for this matter only," said the judge.
The decision comes after the Maricopa County Attorney's Office told the judge they don't have the evidence to keep Munoz in jail. DPS never submitted the report to prosecutors.
DPS arrested Munoz a week ago and questioned him, but never charged him in the shootings. Instead, DPS kept Munoz locked up for an allegation that he violated his probation. DPS says they found marijuana in his home.
"He's confused, he's frustrated, he was taken into custody before I got involved, and I think he told them everything he did or didn't know, and ultimately he's not been charged in the shooting," said Munoz's attorney Edward Maldonado.
"We're not at a point where we can say he's definitely a suspect, and he's never been the prime suspect in this case," said Bart Graves, a spokesperson for DPS.
So why didn't the agency submit the report and evidence regarding the unrelated charges? It's a question they refuse to answer.
DPS only says Munoz isn't in the clear; he's still considered a person of interest in the case.
"Mr. Munoz is a piece of the pie, he's a puzzle piece, and we continue to investigate in terms of his status with us, we know his whereabouts, and we will keep track of him," said Graves.
"He's happy he is going home now and hopefully get some comfort and back to normal life," said Maldonado.
Munoz remains under probation for an unrelated endangerment charge. DPS still has a $50,000 reward for information leading to an arrest.