This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A suspect accused of shooting an elderly man was released from jail Wednesday, and the Fraternal Order of Police is calling on Salt Lake County District Attorney Sim Gill to file charges so the suspect can be arrested again.

Gill on Friday said no mistake was made; the case is still under investigation and after a legal deadline to charge or release the suspect passed, prosecutors and the Salt Lake County Jail no longer had the authority to hold him.

"He was released because we have exhausted our ability to hold him," Gill said Friday. "The matter is not closed," he added. "A serious crime was committed in our community."

The suspect, Raymond Marquina, 20, was arrested Oct. 22. He is suspected of shooting then-72-year-old Robert Warren on Sept. 27.

According to police, Marquina went to Warren's home in the 3900 block of Meadowgate Drive (4390 South) in West Valley City and shot Warren multiple times in the face and neck. Warren is recovering from his injuries.

Gill is the Democratic candidate in Tuesday's election for Salt Lake County District Attorney. The Utah chapter of Fraternal Order of Police is supporting his opponent, Steve Nelson, who is one of Gill's deputies at the district attorney's office.

A Friday news release from the chapter said Marquina shot Warren in retaliation for an eviction dispute.

Three other people have been charged with crimes related to the shooting. In its release, the chapter asked how the trio could have been charged if there was not enough evidence to charge the alleged trigger man.

The organization contends releasing Marquina was a mistake and Gill is raising doubts about evidence to cover up that mistake.

" We believed the mistake would be quickly corrected with a warrant and reĀ­arrest," the chapter's statement said. "However, while a mistake is understandable, DA Sim Gill's covering up of the mistake is not."

The chapter has criticized Gill for ruling the 2012 shooting of drug suspect Danielle Willard was unjustified; for filing a manslaughter charge against the West Valley City police detective who fired the fatal shot — Shaun Cowley; and for how long it took him to make each decision.

A state court judge this month dismissed the charge against Cowley. Gill has asked the Utah Attorney General's Office to appeal that dismissal.

Salt Lake County Jail Sgt. Cammie Skogg on Friday said the jail typically holds suspects for 48 hours before charges need to be filed. An extension was already granted for prosecutors in Marquina's case, but when the District Attorney's Office did not file an arrest warrant for Marquina by a 5 p.m. Wednesday deadline, the jail released him.

Gill on Friday declined to discuss what evidence his office has or lacks in the Marquina case, saying to do so would violate professional conduct rules for prosecutors. But he said detectives and attorneys met to discuss the case.

"Everyone kind of saw some of the challenges that were there," Gill said.

Gill said he has spoken with West Valley City's police chief and, "We're on the same page."

A West Valley City police news release Friday said the department was "surprised by the decision not to file charges." The press release went on to say the Police Chief Lee Russo, and Gill spoke and detectives are still investigating the case.

"We are committed to ensuring that his dangers offender is brought to justice," the press release said.

Marquina's whereabouts were unknown Friday.

Twitter: @natecarlisle