San Francisco prosecutors on Tuesday said they are unable to file charges at this time against three suspects arrested Sunday following a
shootout that injured a nearby police sergeant.
"There's insufficient evidence to charge the case today, but further investigation is ongoing, including the testing of physical evidence," district attorney's office spokesman Brian Buckelew said.
The shooting occurred at about 2 p.m. Sunday just outside the Ingleside police substation at the corner of Sunnydale Avenue and Hahn
Street. A sergeant working there heard shots fired, came outside to investigate, and was struck in the face by shrapnel from a bullet. He was
treated briefly at the hospital and released.
Police arrested three suspects in the neighborhood nearby: Marcus Gaines and Orlando Ware, both 18-year-old San Francisco residents, and an unnamed male juvenile.
They also recovered an M-1 assault rifle near the shooting scene.
All three suspects in the shooting will now be released from custody pending further investigation.
Ware was acquitted of murder in San Francisco Superior Court on Sept. 10, after being charged with the May 7, 2007, fatal shooting of a
19-year-old man during a drug deal.
Ware's attorney claimed Ware's friend, who resembles Ware, actually committed the crime. Prosecutors said at the time that Ware "got
away with murder."