Maintenance worker in double fatal shooting released from jail

CREATED Mar 14, 2014 - UPDATED: Mar 14, 2014

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MILWAUKEE -  48 hours after a double homicide, no charges yet for anyone connected to the case.  We spoke with David Geraghty on the phone. He's the attorney representing the maintenance man from the apartment buildings near 27th and Vliet where two people were shot Wednesday afternoon.

Geraghty tells us his client considers this whole incident a tragedy, but that in now way says he's guilty.  Attorney Geraghty says this is classic self defense, all the way.
After being beaten and thrown in jail pending charges, the janitor of this apartment building's a free man again.  His attorney tells us his client signed paperwork for his release at around Noon, and was walking out of jail at around 4:30pm.
There were no charges issued, but Chief Ed Flynn told 620 WTMJ's Charlie Sykes that's not to say they couldn't bring up charges later.
"What we have to do is continue to get all the facts, and present to the DA, who ultimately makes the charging decision.  But I think in this circumstance, all parties to this issue, have a right to respect methodical, lawful, step by step policing, and that is what we produced here," said Chief Flynn.
Chief Flynn has talked about some of that evidence, including a five minute video tape, recorded on a cell phone, which Flynn says shows the janitor being beaten by three young people.  It also captures the shooting that followed. Some say that's clearly self defense, but Flynn isn't rushing to that conclusion.
“Self defense is a defense you may offer.  It’s not a get out of jail card.  It is something that if its found to exist, that puts the assailant or individual that used deadly force, relieve them of legal culpability, but it’s a defense," said Flynn.
Chief Flynn suggests something's holding them up. The janitor hasn't made a statement. 
“Now I’m not inferring anything evil from that, he has the right to legal counsel, have a lawyer, set up an appointment with the DA, and and make that statement.   That will presumably occur," said Flynn.
The D.A.'s office tells us they've also held back from charging Clarence Alls. He was with the teens during the beating.  And, according to his arrest and detention report, police claimed he punched the janitor closed-fisted.  Alls has also been released from jail with no charges at this point.