- Associated Press - Tuesday, February 3, 2015

SAN FRANCISCO (AP) - There is not enough evidence to charge a man arrested in connection with a dismembered body found inside a suitcase in San Francisco and he is set to be released Tuesday, prosecutors said.

The city District Attorney’s office said in a statement there isn’t enough evidence to charge Mark Andrus, 54, with murder.

“Until we have the evidence necessary to prove this case beyond a reasonable doubt, we are ethically obligated to hold off on charging this suspect,” said Alex Bastian, a spokesman with the San Francisco District Attorney’s office.

Prosecutors say the medical examiner has yet to determine a cause of death or identify the victim.

Andrus was taken into custody Friday at an apartment in downtown San Francisco after police received a tip on his whereabouts.

He had been considered a person of interest since a suitcase stuffed with human remains was found in the South of Market area last Wednesday. More body parts were found in a trash can nearby.

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