KNOXVILLE, Tenn. (WVLT) -- The Anderson County Sheriff's Office has recalled the armed robbery warranted filed Sunday against Campbell County High School shooter Kenny Bartley.
The District Attorney also says Bartley will not be extradited back to Tennessee.
Authorities in Virginia are currently in the process of releasing Bartley from custody.
Bartley's attorney, Greg Isaacs, said making people think Bartley was an armed fugitive was extremely dangerous. In Tennessee, that gives law enforcement the option to use deadly force and it put his client's life in danger, Isaacs added.
Isaacs also listed off the items the proved Bartley's innocence. They include a metro ticket, the GPS from Bartley's cell phone and a booked room at a Vienna, Virginia hotel.
Erin TePaske, the counselor Bartley was supposed to be staying with before he violated his probation, also provided a witness statement.
She said Bartley was with her the entire weekend. He was sleeping at her couch at the time the robbery happened. TePaske claimed she was doing chores all morning and Bartley didn't wake up until 2 p.m.
Isaacs did admit he didn't know where Bartley was until this all happened.
"We did not know where Kenneth was prior to this, but we wanted to respond quickly with my investigators to see if we could in fact find him because it's a very serious charge," Isaacs said.
Isaacs also urges Bartley to return to Campbell County as soon as possible to face the charges for violating probation.
Campbell County High School shooter Kenny Bartley is behind bars in Virginia.
The Vienna Police Department in Fairfax County, Va. says they arrested Bartley just before 10 p.m. Sunday night, charged with being a fugitive from justice, a felony charge.
Authorities say there will be an extradition hearing soon.
Bartley has been missing from his counselor's house since the end of May.
Sunday, Anderson Co. Sheriff's Office spokesman Mark Lucas said there was a warrant out for Bartley for an aggravated robbery, but later said the department learned Bartley was in Virginia.
Bartley's attorney, Greg Isaacs issued a statement yesterday, saying in part:
"I would encourage law enforcement and the general public not to jump to conclusions regarding Kenneth Bartley's whereabouts."
Judge E. Shayne Sexton signed a new warrant in May, stating Bartley violated his probation because he did not provide his parole officer with an updated physical address and contact information. The warrant also says that Bartley did not remain at the residence agreed upon in his plea agreement on February 23, 2015.
The warrant also alleges that multiple violations were detected by Bartley's alcohol and drug monitoring bracelet, including failure to recharge the battery.