For the time being, at least, the two men arrested in the shooting of two judges in a Downtown White Castle parking lot will not be charged with a crime.

Marion County Prosecutor Terry Curry made the surprise announcement Friday, just prior to a scheduled court appearance for Alfredo Vazquez, 23, and Brandon Kaiser, 41.

In his news release, Curry said his office doesn't intend to file charges in the shooting "at this time."

“We have received the results of the investigation conducted to date, including video retrieved from surveillance cameras," Curry said. "At this time, we have determined that additional investigation must be completed before we can make a charging decision in the matter."

Earlier this week, Vazquez and Kaiser were arrested in connection with the May 1 shootings of Clark Circuit judges Drew Adams and Brad Jacobs. Both men are still recovering in Indianapolis.

What we know: The case so far

Authorities say the shooting happened at about 3:20 a.m. in the parking lot of the White Castle at 55 W. South St. The judges, who were visiting Indianapolis for a statewide judicial conference, were bar hopping with two others before stopping at the fast food restaurant, police said.

Responding officers found Jacobs and Adams suffering from gunshot wounds. Investigators also found a spent 9 mm shell casing and a bullet on the pavement.

In a preliminary probable cause affidavit, the Indianapolis Metropolitan Police Department said surveillance video footage shows Kaiser shooting Andrews once in the stomach as the four men fought. Court documents said the video shows Jacobs being shot once in the chest while being held by Vazquez.

After Jacobs falls to the ground, the affidavit said, the footage shows Vazquez holding him down while Kaiser puts the gun to the center of his chest and shoots him a second time.

What's never been made clear is what actually happened that led to the shooting. Police released a portion of surveillance video, which showed a vehicle pulling into the parking lot and two men getting out. IndyStar has made multiple requests under the state's open records law for the release of the portion of the video that shows what happened next — specifically what happened that led to the shooting.

IMPD, however, has said the video is an investigatory record of a law enforcement agency and has not released it.

Tracked by receipt: How police found Vazquez and Kaiser

Without the video — or a better explanation from police or the prosecutor's office — it's hard to understand not only what led up to the shooting, but why prosecutors might have decided not to pursue charges at this time.

Jack Crawford, an Indianapolis defense attorney and former Lake County prosecutor, told IndyStar the decision from the prosecutor's office is "an unusual development."

Based on details from the affidavit, Crawford said the apparent evidence seemed to him like more than enough to move forward.

A possible foil in the investigation, Crawford said, is a key witness who is no longer credible, or is perhaps not willing to cooperate.

"To cause a development like this," he said, "it could be (that) a witness has changed his/her mind."

"Somebody is withholding information in this case or is lying," Crawford said. "I would think it has to be. I can't imagine anything else that could seriously affect the case."

Both suspects first appeared in Marion Superior Court on Wednesday morning. Prosecutors had 72 hours to file formal charges — charges that didn't happen.

Instead, Judge Shatrese Flowers released both men from their bond on Friday, and a public defender told IndyStar both men would soon be released from jail. While the public defender was not representing the men, she helped explain the situation to the family.

Jeffersonville attorney Larry Wilder, who has been speaking for the judges’ families, did not immediately return a Courier Journal request for comment Friday.

Kelly Coffman, Vazquez's mother, learned of the prosecutor's decision when an IndyStar reporter showed her the statement that Curry had released.

“I’m in shock," Coffman said. "I don’t know how to process this.”

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

Contact IndyStar reporter Crystal Hill at 317-444-6094 or cnhill@gannett.com. Follow her on Twitter: @crysnhill.