No criminal charges filed in Coke Lot death

Speedway police did not separate witnesses

INDIANAPOLIS - A man arrested in connection with a fatal shooting near the Indianapolis Motor Speedway has been released without formal charges being filed, prosecutors announced Wednesday.

Police arrested Avory Johnson, 19, on preliminary murder charges in the shooting death of Max Levine, 25, of Kokomo.

The shooting happened in Lot 1C, the Coke Lot, where hundreds of people were camping out ahead of Sunday's Indianapolis 500.

A spokesperson from the Marion County Prosecutor's Office said Wednesday that the investigation turned up "significant inconsistencies in the identification of the suspect," so criminal charges could not be filed.

The Speedway Police Department admitted making an error. They said they did not keep witnesses separated during the identification process.

"Witnesses of crimes are to be kept separately from one another to avoid corroboration of events and identification of persons involved," Speedway police said in a statement.

The spokesperson said prosecutors and Speedway police would continue their investigation of the shooting and police still consider Johnson a suspect.

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