The Montgomery County Prosecutor's Office said more evidence is needed to hold two people Dayton police arrested over the weekend in the shooting death of 21-year-old Jonathan Scott Rogers.
Zachary Wilson, 22, and Marissa Jane Ball, 18, were released from the Montgomery County Jail Monday after being held on suspicion of aggravated murder.
Ball's sister Lacey Turner defended her innocence Tuesday and provided an alibi for the time of the shooting.
"My sister was with me. She was lying, sleeping with her son on my couch," Turner said.
The prosecutor's office chose Monday not to pursue charges against Wilson and Ball, according to Greg Flannagan, spokesman for the Montgomery County Prosecutors Office.
"At this point in time there is insufficient evidence to keep those two in custody," he said. "So the Dayton Police Department will continue their investigation. At some point they will make a decision to come back in and present the case to prosecutors again."
Turner said the police have no evidence against Ball and locked her up based on comments she made about Rogers' death on Facebook.
"If I wanted him dead I would have did it my damn self!" she wrote in response to posts from a friend of Rogers.
The morning after the fatal shooting on Demphle Avenue, Ball, who goes by Rissa Sosa on Facebook and says she lives in Chicago, said, "Don't you love the way Karma works? Don't bite the hand that feeds you, period! One for the feds cuz you know he dead! #BANG." (SIC)
Turner claimed those are song lyrics. The last sentence resembles a lyric from a Lil' Wayne song — one to the head now you know he dead — but the rest of the phrases do not match up.
It is unknown if or how Ball and Wilson were associated with Rogers. Rogers' brother said Monday that as far as his family knows, the victim didn't know the two arrested individuals. Turner said Wilson may have attended school with Ball, but she didn't know if the pair was associated beyond that.
Neither has ever been convicted of a criminal offense in Dayton, according to court records.
Police said they are investigating the motive for Rogers' killing as a robbery.
Rogers' brother Billy Flynn said Monday that the news of the arrests over the weekend was bittersweet.
"We want to make sure they get the right people," he said.