The U.S. Attorney's District of Columbia office will not retry a man convicted of killing Washington intern Chandra Levy.
The office released a statement Thursday that it has moved to dismiss the case against Ingmar Guandique. In 2010, he was convicted of killing Levy in a Washington D.C. park in 2001.
According to the statement, prosecutors could not prove beyond a reasonable doubt that Guandique committed the crime,"based on recent unforeseen developments that were investigated over the past week."
Chandra's mother Susan told reporters Thursday afternoon that the family is upset by the decision.
Levy was a Modesto native. She disappeared in 2001. It took until the following year for her body to be found. In the interim, the investigation uncovered a romantic relationship with then-Congressman Gary Condit, the Democratic lawmaker from Modesto.
Levy's remains were found in Washington's Rock Creek Park.
In 2009, Guandique was serving time in prison having pleaded guilty to attacking women in the park. A cellmate testified Guandique had confessed and prosecutors argued Levy's death fit the pattern of previous attacks.
He was granted a new trial last year, when the reliability of the cellmate's testimony was called into question.
Guandique is a native of El Salvador and is in the country illegally. He will be released to the custody of U.S. Immigration and Customs Enforcement and faces "removal proceedings."
The U.S. Attorney's Office says the investigation into Levy's death is now open.