A Dos Palos man accused of hitting a man with his car while under the influence is now out of jail.
Leroy Conley, 38, was released from custody on Wednesday. Just days after he was arrested for allegedly hitting David Ring on Sunday night.
Authorities say Ring initially hit an animal causing him to get thrown from his motorcycle.
Moments later, officers say he was hit by a Conley's car, and they arrested Conley after discovering he was under the influence.
Attorneys with the Merced County District Attorney's Office say, "He's not being arraigned because, at this point, we don't have enough evidence to file charges. We're still waiting for additional evidence to come in. We'll re-evaluate once we get the evidence"
Logan Mckechnie isn't Conley's attorney but says if charges are eventually filed, it could be a difficult case for both sides.
"That's the question. Was this gentleman who flew from his motorcycle already dead before the car hit him," said Mckechnie. "Police officers in California can arrest you for anything. It's what they believe the crime is. But what the charge and whats prosecuted is with the District Attorney."
He says it may all come down to the Coroner's report.
"If the autopsy says they cannot tell when he died. It's going to be a difficult case for both sides, but if it says in a doctors opinion, that he was dead on impact of his motorcycle, or dead on impact with road, whatever happened..but before the car struck him, then its an easy case for both sides the DA's office won't prosecute," said Mckechnie.
The District Attorney's Office says it could take weeks until they get the blood tests.
Meanwhile, the Merced County Sheriff's deputies say the Coroner's report isn't being released at this time.
Dos Palos man accused of hitting a man with car, released from jail