SYRACUSE, N.Y. -- The father of a slain Syracuse toddler has been released from jail, despite charges pending against him in connection with a drive-by shooting.

The lawyer for 20-year-old Rashaad Walker Sr. confirms Walker was released on his own recognizance Tuesday per a judge’s order. Walker is accused of firing shots out of the passenger side window of a vehicle on South Salina Street back on March 20th. The victim was shot in the neck, but did survive.

Walker Sr., who is the father of Rashaad Walker Jr., has been charged with criminal possession of a weapon and reckless endangerment and was being held in jail on $100,000 bail.

According to his attorney, he was supposed to have received a preliminary hearing, which did not happen, and that led a judge to order his release.

The Onondaga County District Attorney's office says they were prepared to move forward with the hearing, but could not proceed because a witness refused to cooperate.