According to Los Angeles jail records Nicholas Gutierrez, 22, was released from jail “due to insufficient evidence” on Thursday night.  He is accused of crashing an SUV into a crowd of 25 police recruits from various agencies in Whittier California on Wednesday morning.

By law, the Sheriff’s Department is supposed to give the District Attorney the case within 48 hours of a suspect’s arrest.

Guitierrez was being held on a $2 million bail before his release. And was scheduled to be charged on Friday at the office of Los Angeles DA George Gascón.

Los Angeles County Sheriff Alex Villanueva explained the release was pending more investigation evidence to build a bullet-proof case for prosecutors. The sheriff explained they are still waiting on toxicology results, subpoenas for the suspect’s social media, and a review of the video evidence.

The police are looking to see if the suspect expressed any "anti-police" views.

25 police recruits injured

Gutierrez is accused of being the wrong-way driver captured in a video driving down the street.  And crashing into 25 police recruits leaving 5 of them in critical condition. He was arrested at the scene.

The driver did not seem impaired. And registered 0.0 in a Breathalyzer test after the crash. The results of a drug test are pending.

There was no evidence the suspect attempted to put the brakes on. And witnesses say he may have accelerated.

Nicholas Joseph Gutierrez was initially arrested on suspicion of attempted murder. Villanueva said that the suspect was "provisionally" released. And charges will soon be filed.

"We definitely have grave concerns about his ability to prosecute, so we are actually gonna provisionally release him until we can have the case iron-clad... and submit it to the D.A. for filing consideration," Villanueva is concerned that George Gascón, who has been criticized for being soft on criminals would not act without a stronger case.

"Due to the extreme complexity of the investigation, which includes ongoing interviews, video surveillance review, and additional evidence needed to be analyzed, homicide investigators have released Mr. Gutierrez from the Sheriff's Department custody," a news release from police claims.

Alexandra Kazarian, Gutierrez's attorney, said in a statement that "I have no doubt that an in-depth investigation will confirm that Nicholas is a hard-working young man who holds no animosity towards law enforcement, and this was an absolutely tragic accident."