INDIANAPOLIS – A man arrested for murder following a deadly shooting on Indy’s northeast side has been released from jail without charges being filed.

The victim’s family said they’re livid about how the criminal investigation into the death has been handled. They said there is still some dispute about who actually pulled the trigger. That resulted in the previously-arrested suspect being set free.

On Friday, friends and family laid Maxine Congress to rest. The 23-year-old was shot last week while sitting in the passenger seat of a car at 40th and Emerson.

Family approved picture of Maxine Congress

Both police and family believe Congress was shot by mistake. She was not the intended target.

“My baby was innocent. She had absolutely nothing to do with what was going on,” said the victim’s mother, Latoria Harmon.

While Harmon was too busy with the funeral to talk on camera Friday, just last week she confirmed details of the affidavit which claimed the driver of Congress’ car told police she saw her ex-boyfriend and his current girlfriend get out of a second car and one of them opened fire. 

The shooter allegedly intended to shoot Maxine’s friend, who was involved in an ongoing dispute with her ex-boyfriend’s current girlfriend.

The driver of second car told the same story, but neither witness clearly identified the shooter.

Police described speaking to one neighbor who lives adjacent to the scene. That witness told detectives he watched a man pull the trigger.

As a result, a male suspect was booked into jail on a preliminary charge of murder before being set free four days later.

Even prior that move, Harmon already worried the justice system wouldn’t look after their family.

“Indianapolis is no longer safe. They don’t protect us,” said Harmon.

The Marion County Prosecutor’s Office said in a statement that read: “The investigation presented to our office did not meet the burden of proof required for criminal charges. The investigation is ongoing at this time.”

IMPD released their own statement that read: “We have identified some challenges within this case that will require additional investigation. The case has been re-assigned to an unsolved homicide detective for further review.”

Court records show after being arrested, the initial suspect blamed his current girlfriend for the killing, while the girlfriend claimed the opposite.

“I just feel like everybody who was involved should be held accountable, and nobody is being held accountable,” said Harmon.

Although we previously released the name of the male suspect after he was arrested, we are not naming him in this report because he currently is not facing any criminal charges.