AUSTIN (KXAN) — Williamson County District Attorney Shawn Dick confirmed to KXAN Wednesday evening his office does not anticipate filing charges against Johnathan McCarty as part of the Greg Kelley investigation.

In August, investigators revealed there were three suspects in the reopened child sex assault case against Kelley, including McCarty and an unidentified person. Kelley’s attorney believes the victim confused McCarty with Kelley.

Kelly was convicted and sentenced to 25 years in prison for assaulting a 4-year-old boy at home day care in McCarty’s house in 2014. Kelley was then released on bond from the Williamson County Jail on Aug. 22 after a judge decided his case should be heard by the Court of Criminal Appeals.

The district attorney said Wednesday there is not enough evidence to file charges against McCarty, although he is still a suspect in the case.

“Certainly, if he provided a confession to authorities or some other type of extraordinary evidence he could be prosecuted,” Dick wrote in an email to KXAN.

While Dick said that two people who claimed McCarty confessed to them was a compelling argument, the confessions weren’t made to an officer or caught on tape.

The DA does not expect the decision of the Court of Criminal Appeals to have an impact on McCarty.