By Adrianna Iwasinski, NEWS 9

OKLAHOMA CITY -- Police said a man accused of murder gave them incriminating information before he was read his rights and will therefore be able to walk free.

Saul Becerra has been in the Oklahoma County Jail since October for the shooting death of Bradley Wahnee.

Wahnee was an OCU student who was shot to death outside his friend's home last September. Oklahoma City police said that incriminating information collected by their investigators early on cannot be used as evidence all because it was collected before Becerra was even considered a suspect or was read his Miranda Rights. Now the Wahnee's family is upset, and police are left trying to explain what went wrong.

"Our homicide office is obviously very concerned with how this is fleshing out. They have been in contact with the D.A.'s office, the family of Mr. Wahnee on the telephone, they also have a meeting scheduled with that family and hopefully explain in greater details with more facts and specificity what happened and why it happened," said Oklahoma City Police Capt. Patrick Stewart.

Stewart said Becerra was read his rights, twice, once when he was arrested as a suspect in the case and once when he offered to talk with police. Both times, he refused to talk.

"He was read his Miranda when he was a suspect. Prior to being a suspect he was not," Stewart said.

District Attorney David Prater said he plans to make a statement to the public about the case Thursday. He also said the case is still a very open murder investigation.

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