A man arrested for mugging a 9-year-old boy in the Bronx reportedly is out of jail because the District Attorney's Office can't indict him.
The New York Post quotes an Assistant DA as saying 54-year-old Michael Johnson provided an alibi and that the DA's office could not meet the burden of proof.
Police had put out surveillance video of a man wanted for the August 8 incident.
They said a man in a red shirt followed the 9-year-old into an apartment building in Fordham, threw him against a wall and stole money before getting away on a bike.
The Post says the case is still under investigation and that the victim may have misidentified Johnson as his attacker.