LOUISVILLE, Ky. (WDRB) - A judge has ordered a murder suspect to be released from jail and sent home to wait for his trial.

Twenty-year-old Myliek First is charged with murder, assault, robbery, and tampering with physical evidence in the shooting in Shively in October of 2013 that killed a man and injured another woman. 

Stefanie McDaniel lost her brother Tony Grady that day. 

“It's been a lot, every time we go to court we've got to relive that same day … It's an old wound that reopens every time," McDaniel said. 

Grady was shot and killed in a car in the Chalet Village Apartments in Shively. 

More than three years after the crime, First still hasn't gone on trial. 

"It just feels like we're not getting any justice," McDaniel said. 

A trial was supposed to start Monday afternoon, but the prosecution asked for a continuance – while looking for a key material witness in the case. WDRB has learned that witness turned himself in to U.S. Marshals Tuesday morning. 

Since the case keeps getting pushed back, the defense asked the judge to consider putting First into the Home Incarceration Program (HIP). In court, the defense told the judge First "deserves to be released on HIP" and brought up the fact that they were ready to proceed to trial while the prosecution was not. 

The judge noted the serious nature of the charges, but brought up the length of time First has spent behind bars noting his February 2014 indictment. 
Despite the prosecution's objection, the judge granted the motion based on how many years First has already spent behind bars without a resolution to his case. The judge says putting First on HIP was a “big leap for the court to do.” 

First is allowed to wait for his murder trial to start while living at home, something McDaniel is worried about. 

"Murder is a serious crime, even if you're accused, you may not be found guilty but if you're accused of doing something like that, I don't think you should be out," she said. 

First is scheduled to appear at a pre-trial hearing in June, and his trial is expected to start in July. His attorney could not be reached for comment. 

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