A 21-year-old man who was held for more than a month after he was arrested and charged in the murder of Dorchester gas station attendant has been released on his own recognizance.

Prosecutors say that the charges against Kevin Williams have not yet been withdrawn as they continue to investigate the death of Jose Luis Finn Williams, who was shot to death during an apparent robbery at the Fabian gas station on Washington Street at Melville Avenue on Oct. 6.

Suffolk County prosecutors say they have uncovered new evidence in the case, which is now before a grand jury. Williams is due back in court on Nov. 19.

On Tuesday, a spokesman for Kevin Williams and his family— former Boston NAACP president and attorney Michael Curry— demanded an apology for what he called a false arrest that resulted from “blatant racial profiling.”

“This was simply a rush by the Boston Police to arrest someone for this horrific crime,” said Curry. “We waited patiently for close to five weeks for the BPD and the Suffolk County DA’s Office to get this one right, while they had a young African American man with no history of violent crimes, no propensity to commit such an act, and with tremendous promise sitting in jail—traumatized by a system that appeared deaf, dumb and blind to his innocence.”

Curry said a press conference will be held next Monday to highlight the case. Officials say the investigation remains open and asked for tips to homicide detectives at 617-343-4470.