Today the man held on more than 10-million dollars bail was set free.
And tonight 23 ABC had an exclusive interview with Gilberto Gutierrez, the man accused in the case.
Gilberto Gutierrez, accused of several felony charges including raped and kidnapping of his ex-girlfirend, sits in shakles and an inmate uniform at the downtown jail, just hours before his scheduled release.
“I've never raped nobody else. I didn't rape her either because everything we do in consent with each other when we want to do love,” said Gutierrez.
Today during Gutierrez’s arraignment, the district attorney's office decided to send the case back to the sheriff's department for further investigation.
Gutierrez spoke exclusively to 23 ABC before he walked out of jail, telling his side of what happened before his arrest in Bakersfield this past Monday.
“I knock on the door, she opens the door. She says I love you, I love you too. So I don't understand all the mistakes we made about each other. So she said go to the back door to the alley, pick me up over there. So I go back my truck into the alley, she come with me we go to the motel in Maricopa,” said Gutierrez.
But sheriff's deputies say that's where Gutierrez carried out a sexual assault against his ex-girlfriend.
Investigators say it happened at a motel in Maricopa where the victim was able to escape and call 911, according to court documents.
Deputies initially charged him with rape, kidnapping, spousal abuse, and several other felonies and set his bail set at 10-million dollars.
“I've never kidnapped nobody. That's what I'm saying, it's like they tried to put me in this bad position like I was kidnapping her for a month. It's not true.,” said Gutierrez.
It's unclear why the district attorney's office sent the case back to the sheriff’s department or when Gutierrez may be re-arrested.
But tonight, he will remain a free man.
“I'm a good person I tried to live with her because I went through a real bad relationship before with my wife,” said Gutierrez.
Deputies say by now--he's most likely been released from custody.