The man alleged to have shot and killed a 19-year-old at an Arizona nightclub was freed on bond after his attorney claimed it could have been the suspect's twin brother who pulled the trigger.
Police believe -- or thought they believed -- Orlando Nembhard, 19, shot Sir Xavier Brooks outside the newly-opened Leonardo's DaVincci Code hip-hop club in February. Brooks, said to be among the score of bystanders outside the club when a fight broke out, was allegedly backing away with his hands up when he was shot, the Arizona Republic reported.
Nembhard was arrested several weeks later by U.S. Marshals in Yonkers, N.Y. in connection with the slaying. But in a motion filed last week, his attorney Jason Lamm said much of the evidence points to his twin brother, Brandon, who was also at the club that night.
In the absence of a murder weapon or forensic evidence, prosecutors have built their case on testimony from witnesses, several of whom fingered Brandon as the shooter.
"I can tell you that both look very, very similar. Any normal person seeing them side-by-side would see instantaneously that they're twins. With circumstances like these, it's easy to see how they could be confused," Jerry Cobb, public information officer for the Maricopa County Attorney's Office, told ABC News.
Orlando Nembhard posted bond Thursday and was released with an ankle bracelet after a judge reduced the amount from $500,000 to $10,000, a decision that outraged Brooks' grieving family, Phoenix's Fox 10 reported.
"Ten thousand dollars?" Brooks' father yelled as he was pushed out of court. "You commit a murder, $10,000 that's all you can do for $10,000?"
Prosecutors told the Arizona Republic they are still actively pursing their investigation into the Nembhard twins.
"We are working with police as they develop new information on the case," Cobb said. "They are developing information as it relates to the twin."