SAN DIEGO (NEWS 8 / CNS) - Sheriff deputies tell News 8 that Jonathan Hernandez walked out of jail just before 6:00 Thursday morning because no charges were filed against him by the DA's office.  

Police arrested the 23-year-old on suspicion of murder after the shooting that took the life of 33-year-old Joseph Aaron Holtz.

Since the 2 a.m. shooting on Monday, new information has developed and no charges will be filed against Hernandez pending further investigation, police said. A spokesman for the District Attorney's Office confirmed that information. Although Hernandez was released, he is still considered a suspect in the investigation.

On Wednesday, Craig Womach waited outside the jail for the man accused of killing his friend, Joey. "If he gets released for killing our friend, it's going to be sad." 

Holtz was shot at least once in the upper body and died at the scene near Fifth Avenue and Market Street. Friends said Holtz was a single father who worked as a chef and bar manager at a downtown lounge.

After the fatal shooting, Hernandez fled in a taxi that was later stopped by officers. He was questioned and taken into custody.

Wiping his tears away, Womach told News 8, "Joey was the most kind-hearted person. It's sad to see him go. We all miss Joey."

The District Attorney says the case is still under review. 

Police appreciate the witnesses that have come forward, but they believe there are more who haven't spoke to detectives. If you have any information, call police.

A GoFundMe has been set up for Chef Joey Holtz's funeral service and for his surviving son, Levi.