WEST PALM BEACH, Fla. - The man once convicted of murdering a Lake Park ice cream man is now free after prosecutors say they don't have enough evidence to retry him.
Michael Murdock was released from custody Tuesday.
Prosecutors say he was the getaway driver involved in the Fresnel Atilus murder in 2008.
An appeals court reversed Murdock's first murder conviction, ruling that jurors shouldn't have been allowed to hear his confession because his Miranda rights were violated during initial interviews.
Prosecutor Alicia McRoberts says she couldn't move forward with the case because she wouldn't be able to use the confession.
"I respect the court's decision and unfortunately without the evidence, I cannot move forward," McRoberts said Wednesday.
Meanwhile, Atilus's family can't believe Murdock is free.
"He has to pay for that. They cannot just let him go like that," Atilus's daughter Kephard Atilus said.
Atilus's widow has seven children she is now caring for alone.
She says it is a struggle everyday financially and emotionally.
Prosecutors say Frank Collins was also convicted of murder and that he is the one who actually pulled the trigger.
His sentencing is scheduled for next month.