UPDATE: Suspect In Aquitania Murders Out Of Jail After Charges Dropped

SACRAMENTO (CBS13) - After five months in jail, a man accused of killing a baby boy and his father is now a free man.

Richard Noguera and two other men were arrested for the 2007 double murder of Sean Aquitania and his infant son.

Monday afternoon the Sacramento County District Attorney's Office announced it was dropping charges against Noguera because there was not enough evidence to keep him. Noguera was released from the Sacramento County Jail on Tuesday.

According to Dan Brace, Noguera's attorney, back in 2008 Noguera's girlfriend threatened to call 911 for domestic violence. In an effort to scare her out of calling, he said "I kill people. I killed that baby."

She called 911 anyway, according to Brace, who says it was a stupid lie that landed his client in jail for five months.

Brace says cell phone records prove Noguera wasn't at the murder scene. Sacramento County Sheriff's Deputy spokesman Deputy Jason Ramos confirmed Tuesday his department no longer considers Noguera a suspect.

"At the time he was arrested, that arrest was based on probable cause to think that he was directly involved in this crime," Ramos said. "And that had to do in part with actions on his part where he implicated himself in this incident."

As they continued investigating, detectives determined Noguera was not involved - his only connection was that he shared a home with one of the other two suspects for a brief period of time. At this point, they believe the men responsible for the crime are in custody.

"We didn't necessarily think that X number of people were involved," Ramos said. "We knew at least the two defendants in custody were involved. We were open to the possibility that other people might be."

Donald Ortez-Lucero, 27, was arrested in Oakland on Oct. 10 of last year. Christopher Strong, 28, was arrested in San Mateo on Jan. 19. They're scheduled to be in court March 23.

In a jailhouse interview after his arrest last October, Noguera told CBS13 he had nothing to do with the murders.