The two people accused in 28-year-old Anthony Nixon’s killing are out of jail.
The state attorney’s office said the case against them isn’t suitable for prosecution.
This month marks one year since Orange County deputies found Anthony Nixon shot to death outside an abandoned home.
They arrested two people in the case three months later, but the state attorney’s office never filed charges against them.
Charlotte Davis holds on to pieces of her son.
“These are his ashes,” Davis said. “These are the necklaces that he had on his neck the night that he was killed.”
Channel 9 was at Rio Lane home last October when deputies responded to a person being shot and killed. It was 28-year-old Anthony Nixon. Davis found out when a picture of her son’s body was sent to her.
“His money was gone, his car was gone,” Davis said.
Three months later, Eyewitness News reported the Orange County Sheriff’s Office announced it arrested 23-year-old Justice Fort and 20-year-old Naliah Ascencio-Donjoie related to Nixon’s murder.
Case documents show investigators found phone conversations between the two suspects about the shooting. They talked about removing a gun from another person involved in the shooting.
“They have no idea what they took from my family,” Davis said.
Both suspects were released from jail because no charges had been filed within 33 days. Prosecutors documented they were waiting for witness statements and additional documents.
Five months later, the state decided against filing official charges, saying the case was unsuitable for prosecution.
Channel 9 obtained documents from the case that show the prosecutor told the detective there wasn’t enough evidence provided and there were insufficient sworn statements to prove the case.
“Things don’t go unanswered,” Davis said. “And I’m hoping that the system will answer.”
The sheriff’s office told Channel 9 they arrested the people responsible for Nixon’s death.
Davis is currently working on getting a meeting with the new state attorney. She said she won’t rest until the two suspects are officially charged and face time for Nixon’s death.
Channel 9 spoke with the state attorney’s office. Officials stated for these two individuals to be held responsible for this crime there would need to be new charges and new evidence.