James Rackover and Lawrence Dilione have not been charged for murdering 26-year old Joseph Comunale who was found partially burned and stabbed to death November 13 NY Daily News reports.

The Stamford man was found dead in a one foot grave in New Jersey after he was reported missing. He was last seen with the two suspects at a party in a NYC luxury apartment according to several sources.

He and co-defendant were charged last week with concealment of a human body, hindering prosecution and tampering with evidence. – NY Daily News

They were not charged with murder as investigators are still trying to determined who in fact killed Comunale.

Rackover’s father, Jeffrey, is a celebrity jeweler who has famous clients Oprah, Donald Trump, JLO and more.