Prosecutors decided to drop all charges against Brian Dorian, accused of killing a man in a shooting spree last week.
Dorian is still technically in custody. He was released on bond before prosecutors formally drop a murder charge in front of a judge on Wednesday morning but he is free from jail.
Will Count State's Attorney Jim Glasgow left no doubt that he believes authorities had the wrong guy.
"Based on the evidence that we have developed today, it would have been physically impossible for Brian Dorian to have committed this crime," said Glasgow.
The 37-year-old Lynwood police officer appeared by video link in court Tuesday. His attorney indicated he would plead not guilty to murder in connection with last week's two-state shooting spree.
A computer forensic investigator with the sheriff's department, however, determined Dorian was on his computer at home at 11 o'clock a week ago Monday, a half hour after the Beecher, Ill., shooting.
"He's a police officer and this is actually just been eating him alive. So he is relieved but concerned that there's someone still out there who has killed someone," said Dave Carlson, defense lawyer.
Supporters, friends and family have stood behind Dorian since his arrest, saying police had the wrong guy all along.
"We knew he was innocent. Now they don't have the shooter. And I'm relieved that they freed him, he's coming home," said John Dorian, father.
Dorian's release leaves investigators back at square one. Rather than building a case against Dorian, they are now once again searching for a killer.
"We never quit looking for that killer, though. We've been working with Lake County the whole time, trying to see if we can locate a Chevy," said Paul Kaupas, Will County sheriff.
The police chief of Lynwood where Dorian is an officer issued a statement saying that the state's attorney owes an apology not only to the victims and their families but also to Brian Dorian and the people of Lynwood. Jim Glasgow said, however, that the evidence in this case was so strong against Dorian that he believes any police officer, including Dorian himself, would have filed the same charges.
