Gustine police arrested 46-year-old David Franklin last Friday after he called to report his girlfriend had hung herself.
Detectives say his statements didn't add up, and he has a history of drug use and domestic violence, but the district attorney's office has decided there is not enough evidence at this point to file charges against Franklin.
Officers found the victim at this home on Wallis and Ash. She's been identified as 34-year-old Misty Garcia.
Prosecutors tell Action News the investigation is still ongoing. Franklin is set to be released from jail Wednesday night.