ORANGE COUNTY, Fla. — UPDATE: The Florida Department of Law Enforcement told Channel 9 they have not received evidence in this case.

Two brothers accused of killing a man outside a Winter Park apartment in January are back on the streets after being released on their own recognizance.

>>> STREAM CHANNEL 9 EYEWITNESS NEWS LIVE <<<

Caleb and Christopher O’Brien Burke were being held in the Orange County Jail on a first-degree murder charge until mid-March. However, they were released after the 33-day window to file formal charges ran out.

Both brothers were charged with first-degree murder and robbery with a firearm. They were held without bond until March 14.

Defense attorney Eben Self, who represents Christopher Burke, said the brothers were released on their own recognizance.

READ: Police: Orlando man set apartment on fire, blocked door & air vents, removed smoke detectors

“The percentage of pretrial release is small,” he said. “Generally, in these cases, the state can request the judge hold an individual charged with any kind of first-degree felony.”

According to court documents, the assistant state attorney in the case checked off that the case was still under investigation as the reason for not filing charges.

The Orange County Sheriff’s Office said it hand-delivered the case packet to the state attorney’s office at the end of February. The only thing missing was DNA evidence from FDLE.

READ: Orlando police identify woman shot, killed by officers after charging at them with knives

According to the affidavit for arrest warrant, investigators with the Orange County Sheriff’s Office list a litany of evidence they collected in order to get a judge to sign off on the arrest, including eyewitnesses who picked Christopher Burke from a lineup, and cell phone data that put both brothers at the crime scene at the time of the incident.

Attorney and former prosecutor Rajan Joshi said it’s a balancing act for prosecutors as they must decide if the evidence is enough to go forward.

“These are two bad guys,” Joshi said. “All precautions should be taken to make sure the case is thoroughly investigated.”

READ: Man dies after being rescued from surf at Daytona Beach Shores

Since their release in march, both brothers have been arrested again.

Christopher was arrested for having a gun as a convicted felon but has since bonded out.

Video: Police: Orlando man set apartment on fire, blocked door & air vents, removed smoke detectors When investigators tried to enter a high-rise downtown Orlando apartment after reports of a fire, they said they found a mattress blocking the door. (Phylicia Ashley, WFTV.com)

Click here to download the free WFTV news and weather apps, click here to download the WFTV Now app for your smart TV and click here to stream Channel 9 Eyewitness News live.

©2023 Cox Media Group