Nicholas Joseph Gutierrez, of Diamond Bar, was released late Thursday. A local NBC station showed video of him arriving home and reported that he did not answer any questions.
“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,” the Los Angeles County Sheriff's Department said in a statement.
Authorities identified Gutierrez as the driver of an SUV that veered onto the wrong side of the road early Wednesday in the suburban Whittier area, where a sheriff's academy facility is located.
Seventy-five recruits for the sheriff's department and other law enforcement agencies were on a routine run in formation through the area. Five of the recruits were critically injured and two remained in critical condition Thursday afternoon, according to the department.
Sheriff Alex Villanueva told NewsNation earlier Thursday that investigators believe the crash was a “deliberate act” and that there was probable cause to make the arrest.
But he said Gutierrez was going to be “provisionally” released "until we can have the case iron clad, iron proof, and submitted to the DA for filing consideration. Right now, we want to tie up all the loose ends on the case and then present it to the DA.”
It will be up to the county district attorney to decide whether Gutierrez will be charged and for what offense. Gutierrez could not be reached for comment and it was unclear if he has a lawyer.
Laurie Levenson, a former federal prosecutor and criminal law professor at Loyola Law School who isn't affiliated with the case, said attempted murder usually means there was intent to kill and the driver wasn't simply distracted or didn't lose control of the vehicle.
Authorities said a field sobriety test performed on the driver was negative.