Orioles right-hander Alfredo Simon was headed back to the United States on Monday night after attending a legal hearing in the Dominican Republic and could return to the team by Tuesday, according to a source that spoke with Simon on Monday afternoon.

Simon, who has been the lead suspect in the fatal shooting of his cousin Jan. 1, saw the hearing suspended when prosecution witnesses did not show, according to an Associated Press out of the Dominican.

Simon's Dominican attorney, Dinora Diloné, told the AP that the hearing would be postponed until Oct. 18.

The pitcher still has not been charged with a crime but also has not been cleared in the matter, according to the source who spoke with Simon. It's "highly unlikely" that Simon will have to return to the Dominican until after the Orioles' season ends, the source said.

Simon, 30, was placed on baseball's restricted list Sunday night. There is no minimum stay on the restricted list, so he could be activated Tuesday if he is back in Baltimore.