Darwin Vela and his fiancee Kelly McLaren were in the getaway car when Ricardo Orozco allegedly broke into the home of Nic Cage's baby mama and stole 4 computers ... one of which supposedly contained a Charlie Sheen sex tape.
Orozco has been charged with the burglary. Now we've learned Vela and McLaren will skate.
Law enforcement sources tell TMZ ... there's no clear proof Vela and McLaren knew Orozco was burglarizing the house at the time of the break-in. The D.A. believes at some point they knew the stuff was hot because they went to Charlie Sheen's lawyer to find out how much the actor would pay to keep such a sex tape off the market.
But the D.A. concluded there's no proof such a sex tape ever existed, so it's all speculative.
The D.A. also says Orozco is a scary ex-con and Vela and McLaren were afraid of him, though it's unclear how this plays into the decision not to prosecute.
Bottom line -- the D.A. feels it's unclear which parts of Vella and Mclaren's story are true and which are lies. Ultimately the jury would get confused and there's no chance of a conviction.
You'll recall Vela disappeared last month and reappeared several days later. It seems he was faking his own kidnapping but in the end it wasn't relevant in the D.A.'s decision.