PHOENIX (CBS5) -
CBS 5 News has been digging into this story for several days, trying to figure out why police would arrest someone for second-degree murder, then set them free.
"A dream, just like a dream. This couldn't be happening," said the victim's mother, Lizzie Cole.
The last month has been surreal for Cole. On July 12 her 23-year-old son, Jeremiah Cole was shot to death outside this apartment complex at 16th and Glendale avenues.
Phoenix police arrested David Gallegos. He was charged with second-degree murder and aggravated assault, but 10 days later those charges were dropped and Gallegos was let out of jail.
"He's not supposed to be out, you know what I'm saying. He just killed my cousin and shot me," Isaiah Cassity said.
Cole's cousin, Cassity, was shot that night too. Now that the man he told police fired the gun is out of jail, he's worried about retaliation.
"A killer probably got another chance to kill again, you know what I'm saying. That's not right," Cassity said.
CBS 5 News wanted to know why this happened. The Maricopa County Attorney's Office said they were told by the Phoenix Police Department that they needed more time to work the case, and that there are certain rules that have to be met to keep someone in custody.
"The detectives working on the case told me personally, they had the gun, they had the shooter. They told me this personally and then they let him go," Lizzie Cole said.
That answer isn't good enough for the victim's mom. She said her son deserves justice and the community needs to know there are consequences.
"Now he's gotten away with murder. So, I'm sure he's feeling like he can get away again," she said.
CBS 5 News reached out to the Phoenix Police Department. They wouldn't release any information about the case.
We aren't finished digging into this and as soon as we get some more answers we'll let you know.
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