Released on bail does not mean exonerated.
He [Biden] is likely to get involved in the case as president, and could in fact order his Justice Department to bring federal charges (which could easily be brought, given that Kyle crossed state lines with a gun before shooting people).
...Or he could do the same thing that sane presidents do, and let the people in the Justice Department do their jobs, and avoid entangling open cases with political baggage.
Just because your guy constantly interfered with legal procedures that he had no business messing with doesn't mean that its a normal thing to do.