There have been no charges filed in the May 1 shooting of two judges in Indianapolis. But details of the investigation are trickling out in an unlikely way: through a series of hearings on a probation violation in a first-time drunken driving case.

A hearing for that violation is the only place Marion County Prosecutor Terry Curry's office has publicly discussed evidence in the case against the men accused of — but not charged with — shooting Clark Circuit Court judges Drew Adams and Brad Jacobs outside a White Castle restaurant.

Perhaps the most interesting revelation is that nearly a month after police found a gun in the possession of one of the suspects, that gun still has not been forensically tested, even though an expert says ballistic results could have been returned in a matter of days.

Questions about a gun linger

Officers found a 9-mm handgun while searching the home of Alfredo Vazquez, a man they think held down one of the two Clark County judges while he was shot on May 1.

Nearly a month later, Marion County prosecutors have yet to file charges against Vazquez and the other suspect, Brandon Kaiser. Both men are free, though Vazquez is on GPS monitoring as a result of his probation violation.

The prosecutor's office has offered no specific explanation for why no charges were filed against the two men.

But in a misdemeanor courtroom on the fourth floor of the City County Building's East Wing, Deputy Prosecutor Jessica Riley has discussed the shooting, the gun and what prosecutors would like a judge to do with evidence that shows Vazquez's possession of that gun violated his probation in a drunken driving case.

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On May 21, Riley told Marion Superior Court Judge David Certo that officers were looking for evidence in the Downtown shootings when they found the 9-mm handgun with a loaded magazine hidden under a mattress in Vazquez's bedroom.

Court records show police found 9-mm casings and a bullet outside the White Castle restaurant near where the judges were shot.

"The search warrant that led to the discovery of this firearm was based upon the shooting of two judges outside of White Castle," Riley told Judge Certo. "I'm sure we're testing the firearm. I'm not sure how long that will take."

Riley asked Certo to revoke Vazquez's probation and order him to serve the 351-day sentence that had been suspended after Vazquez pleaded guilty to drunken driving in April.

Certo denied the request and set a cash bond of $2,500. Vazquez posted the bond and was freed later that day. The judge also ordered that Vazquez be fitted with a GPS ankle bracelet that keeps tabs on his movements.

A week later on May 28, Riley told the judge the test results on the gun still weren't back.

"We don't have the testing done yet," Riley said.

Ballistics tests on guns in Indianapolis usually take about three weeks, said Brenda Keller, director of the Marion County Forensic Services Agency.

But 24 days after the gun was discovered, Riley said those tests had not yet been completed.

Keller declined to talk specifically about the Vazquez case, but said if prosecutors ask that a case be expedited, it can be completed in a few days.

Neither Keller nor Curry's office would answer questions as to whether tests in the Vazquez case had been completed or expedited.

'We arrested the right people'

Vazquez has been working, meeting with his probation officer and arranging to attend court-ordered counseling, his lawyer, Gregory B. Spencer, told the judge May 28.

Spencer asked Certo to order the GPS tracker removed.

Riley objected, adding that it doesn't matter what the gun tests prove in relation to the May 1 shooting, the evidence shows Vazquez was still out late that night and doing things that he should not do while on probation. She did not specify what Vazquez had done that night that would violate his probation, but police said they identified Vazquez in part through an early morning receipt from Kilroy's, a bar and grill.

Police released a portion of a surveillance video of the incident in the White Castle parking lot captured moments before the shooting that shows a man they say is Vazquez and another they have identified as Kaiser exiting an SUV and walking toward the judges.

The Indianapolis Metropolitan Police Department and prosecutors have denied repeated IndyStar requests for the video footage showing how the incident started, saying the records are part of an ongoing investigation.

But that probe by the prosecutor's office doesn't seem to be advancing quickly, even though IMPD and Indianapolis Mayor Joe Hogsett have said they consider the police investigation over.

"I'm very pleased with the work that the detectives did on the case," IMPD Deputy Chief Chris Bailey told IndyStar during a media briefing with Mayor Joe Hogsett on May 22. "We arrested the right people that were involved with the judges in the incident. It's up to the prosecutor."

Hogsett added he thinks IMPD "has investigated every aspect of the matter" and deferred questions about whether charges should be filed to Curry, who previously said in a statement there would be no charges "at this time" because "additional investigation must be completed."

"I don't want to throw Terry under the bus, but he's the prosecutor, so he's making the decision," Hogsett said.

This week, Curry's office again declined to discuss the case. Curry's Chief of Staff Peg McLeish said the office will release information at the appropriate time.

The prosecutor's office offered a statement from spokesman Michael Leffler. "The matter before the court (May 28) was an alleged probation violation based on possession of a firearm. Any further evidence regarding the firearm remains under investigation."

The night of May 1

Judges Adams and Jacobs have been released from the hospital and are recovering at their homes in Charlestown.

"They both continue to recover, surrounded by their family and friends," attorney Larry Wilder said in a text message to IndyStar. "They are taking every step mandated by their doctors and are looking forward to full recovery and return to the bench."

Wilder is a friend of Adams and Jacobs and has been speaking to the media on their behalf. Adams and Jacobs have declined interview requests.

Through Wilder, the judges declined another interview request from IndyStar on Thursday. When asked for a response on the lack of charges, Wilder said the statement was the only comment.

The judges have not spoken publicly about the events of that night.

Indianapolis police say Jacobs, Adams and two others were bar hopping on the night before a judicial conference in Indianapolis when they attempted to visit the Red Garter but found it closed. They went next door to the White Castle, 55 W. South St., about 3:20 a.m.

Clark County Magistrate William Dawkins went inside to get food. Jacobs, Adams and Crawford County Circuit Court Judge Sabrina Bell stood together in the parking lot.

Two men parked an SUV, approached the three judges and exchanged words, IMPD said.

There was a "physical fight in the parking lot," IMPD said. One man fired shots. The shooter and another man left in the SUV.

The surveillance video shows two men — men believed by police to be Kaiser and Vazquez — getting out of the SUV and walking toward the judges. The video ends before the exchange of words and fight that police say led to the shooting.

Police do not believe Adams and Jacobs were shot because they are judges, but have said nothing else about possible motives.

In court documents, investigators have described the part of the video they have not made public.

The video, they say, shows Vazquez and Kaiser fighting with Jacobs and Adams outside the restaurant.

During the struggle, Kaiser got up to his knees, pulled a gun from his waistband and "shot (the man believed to be Adams) in the stomach," Detective Ronald Clayton wrote in the preliminary probable cause affidavit.

Vazquez and Jacobs were wrestling nearby, Clayton wrote.

"(Vazquez) was holding onto Jacobs when Brandon (Kaiser) walked up to Jacobs and shot him in the chest," Clayton wrote. "Jacobs then fell to the ground on his back and while (Vazquez) held him down Brandon (Kaiser) placed the barrel to Jacobs' center chest and shot him a second time."

Vazquez and Kaiser drove away, police said.

Police arrested Vazquez, 23, and his uncle, Kaiser, 41, on May 5.

Kaiser, the man police believe pulled the trigger, faced preliminary charges of attempted murder and other crimes. He was released from the Marion County Jail on May 10.

Vazquez faced a preliminary charge of assisting a criminal in connection with the shootings. He was held in jail for 16 days on the alleged probation violation.

Vazquez was released from jail after posting $2,500 bond on May 21. Vazquez remains free on GPS monitoring and is scheduled to return to court on June 25.

"We'll be petitioning to try to get him off GPS monitoring at the next hearing," Spencer, Vazquez's attorney, said. "He's doing what he needs to do as far as employment and probation."

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IndyStar reporters Ryan Martin and James Briggs contributed reporting to this story.

Call IndyStar reporter Vic Ryckaert at 317-444-2701. Follow him on Twitter: @VicRyc.