Victims' family dismayed after mistake sets murder suspect free

INDIANAPOLIS (WISH) - The disappointment was written all over their faces. Tuesday, Kenneth and Carla Scott learned that the man police believe killed their daughter and granddaughter will be set free.

“I’m very concerned about a person who is facing serious charges who can be let back out on the streets," Carla Scott said.

Joshwa Carlisle had been charged with killing his girlfriend, Tracie Shannon, and their 9-month-old daughter, Juliana, in 2010. Lawrence police said Carlisle smothered Shannon, then set her and their child on fire in an apartment.

“Joshwa is cold-blooded and calculated,” said Shannon’s stepfather, Kenneth Scott.

However, because of a technicality, Carlisle will be set free before he even faces a jury trial. Marion County prosecutors failed to hand over DNA evidence to the defense in a timely manner. That means that a judge is bound by law to let Carlisle go free until his trial, set for Jan. 17.

“I’m not going to make excuses. And the bottom line is that it should not have happened,” said Gregory Spencer, deputy prosecutor for Marion County.

Wednesday, Carlisle had yet to be released from the Marion County Jail. Once he is released, he will have to wear a GPS device, check in with a probation officer and remain in Marion County. But despite those precautions, the victims' family is upset.

“To have a person accused of their murder released on a technically, we feel very let down," Carla Scott said.