Thursday, May 27th 2010, 6:09 pm
By Nathan Elliott, NEWS 9
OKLAHOMA CITY -- The man suspected of killing an OCU student has been released from jail.
Oklahoma County District Attorney David Prater said he had no choice but to drop charges against Saul Becerra.
Becerra was accused of gunning down OCU student Bradley Wahnee while he was outside a friend's home last September.
Oklahoma City police said incriminating information cannot be used as evidence against Becerra because it was collected before he was even considered a suspect or read his Miranda Rights.
"He was read his Miranda when he was a suspect. Prior to being a suspect he was not," said Oklahoma City Police Capt. Patrick Stewart.
Prater said they had no choice but to drop the charges against Becerra.
"It's our duty number one if we know we don't have enough evidence to prove the case beyond a reasonable doubt to not proceed, but also it's my duty to make sure that we don't cause ourselves to be legally barred from further prosecution cause there's a lot of evidence that may be out there that someone is willing to talk to us about at some point," said Oklahoma County District Attorney David Prater.
Investigators said they have evidence against Becerra, a lone fingerprint inside the truck used in the drive-by that killed Wahnee. However, Prater said that's not enough evidence to prove Becerra is guilty beyond a reasonable doubt.
"When no other leads developed into any substantial evidence against Mr. Becerra, we are forced and it is my duty to go ahead and dismiss the case at this time," Prater said.
Wahnee's family said that news was hard to accept.
"Now knowing that the person who was arrested is going to be let loose on the street, it's hard for us to understand," said Geneva Foote, Wahnee's grandmother.
Prater stressed the case is not closed and there still is an on-going investigation.
"We're going to continue to work on this case and make sure justice is served," Prater said.
While the family isn't sure they'll ever get justice for Bradley, Prater said he believes there are others involved in their grandson's murder and they will eventually come forward.
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