Slain woman's family wants to change Indiana law that set accused killer free before trial
CHICAGO (CBS) -- Only on 2: the family of a South Chicago Heights woman wants to see change in the criminal justice system, after the man charged in their loved one's murder was released from jail for now, because his case wasn't brought to trial within the required six-month time period.
Drew Carter III is awaiting trial in the kidnapping and murder of Jessica Flores. Carter had been in custody in the case since March of 2019, but on Jan. 1, Carter walked out of the Lake County Jail in Crown Point, Indiana.
His murder trial isn't set to begin until April, and under Indiana state law, a defendant in custody has the right to a speedy trial, within 180 days. If that doesn't happen, the defendant can be released on their own recognizance while awaiting trial, which is what happened in Carter's case.
Flores' family is fighting to get that law changed.
"We don't understand how the state is being so lenient with such a violent offender," said Flores' sister-in-law, Ebony Peel.
Flores dated Carter in the past. The two were friends at the time of her death. The South Chicago Heights mother of six was reported missing in February of 2019. Her remains would be found in a forest preserve in Gary, Indiana, nearly a year later, in April of 2020.
"Not only did he get out, but he's allowed to travel within two states. He's allowed to go between Indiana and Illinois on his ankle monitor at any point in time," Peel said.
Carter was able to walk out of jail on Jan. 1, because his case was not heard within the mandatory 180-day period. He had been in custody since March of 2019.
"Who's to say he's not going to come after one of our family members for not standing down and being quiet," Peel said.
Under Criminal Rule 4 in Indiana law, a defendant in custody has the right to a speedy trial, and if that doesn't happen, the defendant can be released while they wait.
Peel has written a letter to Indiana state lawmakers, law enforcement, and those in the justice system, seeking change.
"I understand it's a constitutional right," Peel said. "It's just not fair to the victims, to the family. It's not safe for the public. I mean, something needs to change."
An attorney for Carter said, since this case was filed almost four years ago, his client has maintained his innocence. We reached out to all of those who were sent Peel's letter for comment. Only the Lake County Prosecutor's office responded, saying they do not comment on ongoing cases.