A suspect in the fatal shooting of a man in a Newport Beach residence is expected to be set free from jail after prosecutors declined to file a case against him Tuesday.

Rodney James Hartzel, who was being held without bail, was arrested Thursday and prosecutors faced a deadline to file charges Tuesday or let him go.

Prosecutors asked Newport Beach police to do more investigation in the killing of 63-year-old Derek Leason of Newport Beach before considering whether to file a case, said Kimberly Edds, a spokeswoman for the Orange County District Attorney’s Office.

Police were called at about 8 p.m. Thursday to the 20000 block of Orchid Street on reports of gunshots fired, said Heather Rangel, a spokeswoman for the Newport Beach Police Department. When officers arrived, they found the body of Leason inside a residence, she said.

Police did not comment on a motive for the shooting or say whether the men knew each other.

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