/*Michael Burell*/, 23, walked out of a Merced County Jail exactly two months after Merced Police responded to a medical call involving his baby.
Police arrested Burell after doctors reported the baby's injuries appeared to be the result of shaken baby syndrome.
Burell is charged with manslaughter and felony child endangerment. The district attorney's office says it does not have enough evidence to go forward with a trial. Burell's defense attorney says he is still grieving his son's death.
"The tragedy of losing a child at a very young age is something he's had to deal with for the past few months," said Vincent Andrade. "And also dealing with the accusation he caused his childs death."
Prosecutors say they could re-file murder charges after they receive autopsy result.