Was a Bridle Path home invasion suspect let go from hospital?

It's a story that's garnered a great deal of attention in recent days. Late last week while a family was asleep in their home three masked men armed with guns broke in eventually shooting three of the family members a father and his two adult daughters. Their mother was struck by a hammer. Fortunately they all survived. It was later discovered not long after the attack one of the intruders checked into emergency here at St. Joseph's Hospital with a gunshot wound to the shoulder. Police have since identified him as 23-year-old Day John Richards. He was actually questioned by police here at hospital but was not detained or arrested. In fact he was able to leave the hospital after being treated and police are now trying to track him down. This has garnered widespread criticism online even reaching TMZ which ran the headline cops had their man and let him walk. Today police chief Myron Demchuk defended the investigators handling the case providing a new window into the early hours of the investigation. What's important to note is that in the home invasion investigation there is no information. That suggested to investigators an assailant had been shot. They responded to the hospital as they would. When people walk into the hospital with a gunshot wound, which happens in the city from time to time. Investigators at the home invasion were working with information that suggested none of the family members had fired back at the intruders. Police now believe that Richards was accidentally shot by one of his accomplices, something investigators didn't know at the time. When the police don't have grounds to arrest a person, what are they supposed to do? Handcuff him anyway? Not let him go? Of course not. That's a violation, a charter violation. This criminal defense lawyer says detaining or arresting a suspect without evidence could be a violation of a person's charter rights. He says it could compromise the case against them. I cross-examined the police officer who did the arrest, and I put to him or her, you made an arrest based on nothing more than a hunch. You made an arrest on no evidence. I'm at that point applying to exclude evidence. Statements made by the accused, observations made by a police officer, items that are found in a search. When you exclude it in a court proceeding, it can jeopardize the whole case. He says it's possible police may have taken other investigative measures that they have not made public. When Chief Demke was asked about this today, he refused to comment. Greg Ross, CBC News, Toronto.