A murderer is on the loose -- or an man is merely innocent before proven guilty.
Which is it? It depends on whether you ask the San Francisco Police Department or the District Attorney.
Some of the police involved in the arrest of Michael Montgomery, 21, of Lodi, think District Attorney George Gascón is letting the suspect in the murder of a Dodgers fan last week get away with murder, the San Francisco Chronicle reported.
Montgomery says that he was acting in self-defense when he stabbed Jonathan Denver, 24, on Sept. 25 following a fight fueled by the Giants-Dodgers baseball rivalry.
Denver, who was wearing Dodgers gear, died after the late-night fight. Montgomery didn't attend the game, but was with at least one other person who was wearing a Giants hat.
Montgomery has been released from custody without Gascón filing charges. That is angering police, the newspaper reported.
Police said Montgomery fled the scene and dumped the knife with which he stabbed Denver -- all signs that Gascón should file some kind of charges, the newspaper reported.
Police are now re-interviewing witnesses -- all of whom were drinking when the killing went down -- and reviewing security footage in order to build a case that will produce charges, the newspaper reported.