City Prosecutor Peter Carlisle would not comment yesterday on why a 19-year-old Waialua man accused of fatally shooting a man Sunday was released without being charged. But Carlisle did say his office will not file a charge in any criminal case if the evidence does not support it.

Carlisle explained his office's policy a day after Jeremy A. Deloach was released from police custody Monday night. Deloach was arrested Sunday morning just minutes after Thomas Kawahakui, 19, was shot to death on the front lawn of Deloach's home on Waialua Beach Road.

Police said Deloach and Kawahakui were arguing when Kawahakui, who was armed with a machete, was shot.

Deloach was booked on suspicion of second-degree murder, but was released about 9 p.m. Monday pending further investigation. Because he was not charged, Deloach is a free man. He could not be reached for comment yesterday.

Carlisle said that the case remains under investigation and that he could not comment on its specifics. He did say there is a possibility that the case could be taken before a grand jury for an indictment.

He cited the case of former police officer Clyde Arakawa, who was found guilty of drunken driving and slamming his car into 19-year-old Dana Ambrose's car, killing the woman in October 2000. Arakawa was arrested but was not indicted until May 2001.

Before pursuing criminal charges, Carlisle said, prosecutors must consider several issues, including whether there is evidence favorable to the defense.

"Every case that the office takes, whether it's a car theft to a homicide, we're required to make sure that if we decided there is going to be a criminal case, it must be supported by probable cause," Carlisle said. "As a result of that, we make absolutely certain before we keep somebody in jail on a charge for a criminal offense, even including a homicide, that there's a legitimate charge, it's the right charge, it's supported by probable cause, and there's not exculpatory evidence for a defense."

In most homicide cases in Honolulu, Carlisle said, charges are filed "more often than not." Prosecutors are required to charge someone within 48 hours of arrest or release that person pending further investigation.

"We're always trying to make the right decision as quickly as possible, but without compromising an investigation or by bringing unwarranted charges," Carlisle said.