INDIANAPOLIS, Ind. (March 30, 2015)-- Derrick Anderson didn't want to shoot his brother to death, but he felt he had no choice, and he wonders why his troubled sibling wasn't in jail. Demond Lamont Anderson was killed in his brother's house March 21 in the 2900 block of Riverside East Drive.
Derrick told FOX59 he thought Lamont was going for a gun hidden in the basement.
Derrick said his self-defense killing would have been avoided if his brother had remained in jail.
The Marion Superior Court is trying to determine what happened.
"He's broke in our house a few times, I don't know how many times. But his brother has always forgave him. We always forgave him because he is family," said sister-in-law Mary Anderson. "He has stole guns from us."
Earlier this month, Derrick Anderson reported his troubled brother to the Indianapolis Metropolitan Police Department (IMPD) at least three times.
"He had previously shot in our windows," said Mry. "I had called police. They had arrested him with a handgun."
Anderson was finally arrested on March 14. Court records show that a $80,000 surety bond was set at the time. Two days later, a judicial officer ordered Anderson released. The family was told that Anderson was released on his own recognizance.
A judicial officer in Court 20 ordered Anderson freed on March 16 before the Marion County Prosecutor had time to ask for a 72-hour continuance to file both misdemeanor and felony gun charges.
By the end of the week, after Anderson failed to attend an initial hearing, he was ordered to appear.
The next day, Derrick Anderson says he found his brother burglarizing his home in the 2900 block of East Riverside Drive and fired, afraid Lamont was after a gun in his basement.
"I know some people rush and you should've took your time and this is not a situation we should've rushed and let him out," said Mary. "You should've took your time and did your job and maybe a life would've been saved."
"We was hoping this would be the final rally for him but it really turned out to be the final rally and ended up different."
Court authorities are trying to determine if Anderson was released after posting bond or was ordered released without posting bond by the judicial officer.