TROY -- He was arrested last Friday and charged with an October murder in Troy. Now 23-year-old Tyrone Chaires is out of jail.

The reason, says Rensselaer County District Attorney Rich McNally, is there is not enough evidence at the moment.

The problem came up during a preliminary hearing when McNally said he was not yet prepared to go forward with the case against Chaires.

Unable to proceed with the hearing, the judge had no choice but to release Chaires.

McNally has stressed, however, that the charges against the 23-year-old still stand.

Chaires was charged with second degree murder in connection with the fatal shooting of 29-year-old Jimmy Chapman. Chapman was found shot in the area of Harrison and Second Streets in Troy back on October 13th. He died the next day.

Tyrone Chaires is the nephew of Schenectady Police Chief Mark Chaires.