INDIANAPOLIS — Eddie Smith has waited over 40 days.
"It just seems like everyone's passing the buck," said Smith, the father of a victim in the Castleton Square Mall shooting. "This happened Jan. 3, it's Feb. 16. February is almost over with and here we are. Nothing."
He said it's made his life as head pastor at Tuxedo Baptist Church much tougher.
"It's hard to preach when I'm put in this situation," said Smith. "It's hard to say, 'Hey, you can count on our officials to make the right decision,' and in the back of my own head I'm saying, 'I haven't seen it in my own life.'"
Smith's son was shot four times. He's had six surgeries.
"They're getting him to the point where he's able to start doing some physical therapy," said Smith.
Sixteen-year-old Michael Mason was killed.
The victims' families said the shooting started when Mason mistakenly reached for a door handle of the wrong car in the parking lot.
A person inside the car opened fire.
"This is something that, it just kind of went away, but it's not going away," said Smith. "If the right thing isn't done, this is going to happen over, and over, and over again."
So far, no charges have been filed against the shooter.
"I guess it's the relational issue between Prosecutor (Ryan) Mears and the suspect that has grinded this to a halt," said Smith. "If I had to say how I felt, I would just say justice delayed is justice denied. This is ridiculous."
Marion County courts said Matt Savage, a Madison County prosecutor, has been appointed as the special prosecutor to determine charges.
"There is a relational conflict of interest, I guess, between the prosecutor, Mears and the perpetrator who did it," said Smith. "I still don't understand. It seems like a cut-and-dry case to me, open and shut, but that's the gears of justice, I guess."
When 13News reached out to Savage, he deferred to the Marion County Prosecutor's Office to answer questions about the request for a special prosecutor.
Savage said he is actively working with IMPD to complete the investigation and to determine, if any, criminal charges should be filed.