A charging decision has been put on hold in a North Beach assault case that made the news this week, which means that the suspect in the case is a free man.

51-year-old suspect Paul Anghilante, who was arrested at the scene, is believed to have attacked and strangled chocolate shop owner Jean-Marc Gorce of XOX Truffles. But the word of Gorce and his 13-year-old son, who scared the suspect off with a baseball bat, is apparently not good enough, and DA's Office is now seeking more witnesses and surveillance footage, as KPIX reports.

The footage Gorce provided of the August 19 incident came from a camera inside the store, and the DA's Office now says it "does not capture what happened after the shop owner ran out the door in the direction of the suspect." Furthermore, the witnesses outside the store were gone by the time police arrived, and therefore could not be interviewed.

Anghilante was held by police on suspicion of three felony counts — assault with a deadly weapon, felonious threats, and false imprisonment — for two days, but by law he can't be held any longer without charges.

The incident on Monday began with a verbal altercation inside the shop — Gorce said it was the second time in a week that a homeless person had harassed him, however it has not been confirmed that Anghilante is homeless. Gorce then chased the suspect out of the shop, where the suspect allegedly began strangling him in a chokehold, and Gorce said he feared for his life. His son Sebastien went into the shop and grabbed a baseball bat that they keep for protection, and while some witnesses outside reportedly told him to put it down, he used it to get the suspect to stop attacking his dad. Anghilante allegedly left the area, but returned to the shop hours later, at which point Gorce called police.

The story got picked up by People Magazine today, and Sebastien tells NBC Bay Area, "It makes me feel proud of myself and happy, and also I did what I thought was right."

The case remains under investigation, so Anghilante may yet get arrested again. It's unclear if he has a criminal record.