Homicide suspect freed.

A state judge decided to not move forward with the indictment of a man who was arrested last weekend for the alleged murder of an official with the Baja California government.

The judge underestimated evidence presented by prosecutors against José Antonio “Doe,” who was arrested while attempting to cross into the United States through the San Ysidro Port of Entry.

The Attorney General’s office has three days to appeal the ruling.The agency said in a press release it will file an appeal in the case.

The suspect is accused of the killing of Manuel Ponce Rico, who was found dead Nov. 2016 at his Fraccionamiento Los Pinos subdivision apartment.

The Attorney General said the suspect left the victim at the scene after drinking alcoholic beverages at baseball stadium Nido de los Aguilas.

The suspect allegedly left the doors half-opened and called his accomplices to rob the suspect’s residence.

According to authorities the suspects hit the victim to dead.

“The Attorney General respects the decisions made by the jurisdictional agencies, but does not share it given all evidence presented was ruled as invalid,” said the agency in the press release. “The Attorney General will do everything possible so this case does not remain unpunished.”