FORT WAYNE, Ind. (WFFT) - David Miller said the Indiana Attorney General submitted the information back to the detective handling the case.
Smith was killed at East Central Towers three years ago.
However, he said the prosecutor will not file charges.
"I contacted the Attorney General's Office and they told me to file a complaint with the Indiana Supreme Court to the Disciplinary Action Commission, and see what I can get done that way. I've gathered enough evidence that I have. I'm going to put it together with an attorney to get this filled out legally and right," Miller said.
The Allen County Prosecutor's Office released the following statement to FOX 55:
"At this point in time, the case has not been filed. There is insufficient evidence to prove, beyond a reasonable doubt, who the perpetrator or perpetrators are that committed this crime. We encourage the public to contact the Fort Wayne Police Department if they have any information regarding this case."