LOUISVILLE, Ky. (WHAS11) -- Metro Police said 34-year-old Brian Przybylek was shot and killed Jan. 6 during a drug-related robbery.
Two people were arrested and one of them is only 17.
The family of Brian Przybylek just learned that the juvenile suspect is out of jail on house arrest while he awaits trial.
A few weeks ago, John Przybylek's life changed forever. His older brother, Brian, was murdered at the Guardian Court apartments.
"It's a rough time for my whole family and for almost like a slap on wrist for a murder charge, it's not helping with the process at all," the victim's brother John Przbylek said.
The Przybyleks are dealing with the loss of a son and brother and now they say that one of the suspects in the murder case, a 17-year-old male, is on house arrest. John Przybylek first heard about it on Facebook then called detectives.
"People were talking about how he got released on home incarceration and I didn't believe it because of the seriousness of the charge," John Przbylek said.
Police say Brian Przybylek was shot during what they believe was a drug deal on Jan. 6. Justin Tandy, 19, along with the 17-year-old, was arrested soon after. Both were charged with robbery and murder.
"I'm outraged and I don't see how the judicial system could let this happen," John Przbylek said.
The Commonwealth Attorney's office said the minor has not yet been indicted. The hearing to release him was held in juvenile court but the case was waived to circuit court for him to be tried as an adult. The case will be presented to a grand jury in March. In the meantime, the victim's brother thinks the younger defendant doesn't deserve to await his trial on house arrest.
"I wish he wasn't out playing video games at home. I wish he was in jail facing these charges," Przbylek said.
The Commonwealth's Attorney says it was the judge's decision in juvenile court to place the minor on house arrest.
The defendant's name has not been released because of his age.