As of Nov. 18, Nicholas Gutierrez, the suspected driver in the Wednesday morning sheriff recruit’s accident has been released from custody. This comes after a $2 million bail was posted under his name, as reported by the LA Times. Gutierrez was released from custody as there was a lack of evidence.

“Due to the extreme complexity of the investigation, which includes ongoing interviews, video surveillance review, and additional evidence needed to be analyzed, homicide investigators have released Mr. Gutierrez from the Sheriff’s Department custody today at approximately 9:55 PM,” said the Los Angeles County Sheriffs Department via Nixle.

LACSD’s Alex Villanueva said Gutierrez was administered and passed a breathalyzer test. Villanueva had stated previously that the car crash was an accident, but that was based on previous information. Although the suspect had passed the breathalyzer test marijuana was found inside the SUV at the scene.

Gutierrez is being charged with the attempted murder of a peace officer. Other chargers are still pending. As directed by the LACSD, new information and statements can be found on Nixle and social media once they are released.