FAIRFIELD, Calif. -- Criminal charges will not be pursued at this time against a woman earlier accused of playing a role in the death of Fairfield City Councilman Matt Garcia, a prosecutor said Thursday.

Nicole Stewart, who is pregnant, will help prosecutors as they build a case against Gene Allen Combs, who faces a charge of murder.

"We are not aware of any admissible evidence that proves criminal responsibility on her part," District Attorney David Paulson said.

Henry Don Williams, who is accused of shooting Garcia, remained on the run as of Thursday.

Combs, who appeared in court Thursday, proclaimed his innocence.

"You guys are doing the wrong thing, I didn't hurt anybody," Combs said as he was led away by Solano County court officers.

Combs was additionally charged after new evidence, which will likely come in the form of a testimony from Stewart, was revealed, prosecutors said.

"On Tuesday, we had nothing more than suspicion of Combs responsibility for this murder (and) suspicion is not evidence. Now we have evidence," Paulson said.

In another twist Thursday, the public defender's office said there was a conflict of interest in representing Combs.

Private counsel will now be appointed to Combs, the judge said.

The next court hearing in the case is set for Monday.

Paulson said Tuesday he was seeking a federal warrant for the arrest of Williams.

Garcia was in the wrong place at the wrong time and was not Williams' intended target, Paulson said.

Authorities think Stewart and Combs were in a car used by Williams at the time of the shooting.

Because Williams is still on the loose, Stewart's whereabouts will not be revealed, Paulson said.

Paulson also said that Stewart's truthful testimony is essential to the case against both Combs and Williams.

The Fairfield City Council is looking to appoint someone to the vacant seat left by Garcia by Oct. 2.