Driver released after arrest in Northridge crash that killed off-duty LAPD officer, passenger

LOS ANGELES (KABC) -- A 20-year-old man was released from custody Tuesday evening after he was arrested for a crash that killed an off-duty Los Angeles police officer and one of his passengers.

Jail records show that Brian David Olivarez was released at 6:44 p.m. and that his initial arrest Saturday has been deemed a detention.

The records cite Olivarez was released under California penal code 849(B)(1), which authorizes police to release arrestees due to insufficient grounds to file a complaint.

The Los Angeles County District Attorney's office said in a statement to Eyewitness News that the case was "referred back to law enforcement for further investigation."

Officer Darrell Cunningham and another person riding with Cunningham were killed after police say Olivarez, driving at more than 100 miles per hour, failed to stop at a red light and struck the car, LAPD Chief Michel Moore said at a press conference over the weekend.

Officer Darrell Cunningham Shamily, who went by Officer Cunningham, had been with the department for about five years and was last on duty just two nights before the crash.

An off-duty San Bernardino County deputy sheriff, another passenger in the car with Cunningham, was injured in the crash.

A preliminary investigation indicated that Olivarez "was under the influence of alcohol at the time of this collision," Moore said, adding that he would be booked for gross vehicular manslaughter "and additional charges as further evidence is gathered."

The collision was reported about 1:15 a.m. Saturday at the intersection of Roscoe Boulevard and Lindley Avenue in Northridge, according to the Los Angeles Fire Department.

Cunningham had been with the department for just under five years and was last on duty just two nights before the crash.

The Associated Press contributed to this report.