Amarillo, TX - Many of you are asking why another suspect in this same shooting incident was released from police custody.
Plain and simple, police say there just was not enough evidence to hold David Anaya and if they had, the ramifications could have been devastating to their case.
As Amarillo Police investigated the early Sunday morning shooting of Eric Mireles, witness descriptions led police to David Anaya.
He voluntarily went to the APD, gave fingerprints, pictures, and DNA, but balked at talking with investigators. Police say they had no choice. Lt. Gary Trupe says, "he wasn't under arrest, he was free to leave and I had to let him go...at that time, I still didn't have anybody who identified him either by name, or nick name. All I had was a description of a car that was a common car."
Lt. Trupe says making an arrest on that information alone would have been illegal and could have been catastrophic to prosecuting the case.
The Potter County District Attorney, whose office issued the warrant for Anaya's arrest, agrees. Randall Sims says, "any evidence obtained directly related to an unlawful arrest could be inadmissible in court. It would be suppressed and wouldn't be allowed in court."
After print matches and a line up a few hours later, police did get their arrest warrant. But Anaya was nowhere to be found.
Trupe says he would not have done it any other way because "I would hate to go to the family and say I made an arrest and it wasn't based on probable cause and I had to let him go and I'm not sure I can get him again."