BAKERSFIELD, Calif. (KGET) — A man who faced charges of murder and attempted murder in connection with a shooting outside a restaurant on Truxtun Avenue had all charges dismissed Tuesday.

Luis Gutierrez-Chavez was no longer listed in custody late Tuesday afternoon after the case was dismissed due to insufficient evidence. It won’t immediately be refiled, according to the Kern County District Attorney’s office.

“The case will be referred back to the Bakersfield Police Department for further investigation,” said Assistant District Attorney Joseph Kinzel. “The case will be considered for refiling if and when investigation provides additional evidence to support the charges.”

Gutierrez-Chavez was arrested early March 28 after gunfire in the parking lot of Marisco Uruapan killed Abraham Diaz, 42, and seriously injured another man. There was a fight in the restaurant at 1200 E. Truxtun Ave. before the shooting, according to witnesses and surveillance footage.

According to court documents, Gutierrez-Chavez admitted being at the restaurant but said he’d been drinking heavily and remembered nothing.