(KNZA)--A Brown County man arrested on suspicion of solicitation to commit first-degree murder has been released from custody as the investigation continues.

39-year-old Douglas Wayne Mueller was arrested Sunday by the Brown County Sheriff's Department and booked into the Brown County Jail.

Brown County Attorney Kevin Hill tells MSC News that "as their investigation continued Monday night, the Brown County Sheriffs Office determined that while the evidence suggests that Mueller made inquiry to a third party about the crime of murder, he may have communicated his withdrawal or renunciation of the solicitation of the underlying act, prior to the third party acting in furtherance,  which is a defense to the offense in Kansas."

Hill says the case remains under investigation as Mueller was released Tuesday from jail on the 48 hour hold he was being held on.