WOOLWICH, Maine(NEWS CENTER) -- The family of a man shot and killed in North Yarmouth last month wants to know why the man who shot him isn't in jail.

Details of the shooting of Leon Kelley are still not clear. But on Friday, a grand jury indicted Merrill Kimball for murder.

Leon Kelley's family talked publicly about the tragedy for the first time. They says Kelley was unarmed when he got into an argument with Kimball, who was carrying a gun. Kimball's lawyer has claimed the shooting was self defense, saying Kelley was shoving Kimball, and Kimball could not get away.

Kelley's family says they believe Kimball was the aggressor, and that he could have walked away from the fight instead of shooting. Kimball was never arrested for the shooting or charged with any crime until Friday's murder indictment by the Cumberland County Grand Jury.

Deputy Attorney General Bill Stokes says investigators needed time to sort out conflicting stories from members of both families who witnessed the shooting, before they could present the case to a grand jury. Stokes says Kimball has been cooperative during that investigation, and they felt no need to immediately arrest him following the indictment. The AG's staff will talk with court officials Tuesday and schedule an arraignment date.

However, the Kelley family still may not get what it wants.

Stokes says he expects the judge will set bail for Kimball, which is very unusual in a murder case. He cited the fact that Kimball has no criminal history and is not considered a flight risk as reasons the judge is likely to allow bail. Stokes says if that happens, the state will likely recommend that Kimball turn in all his firearms as a condition of bail.

Kelley's family told NEWS CENTER they don't understand why Kimball is getting what they consider special treatment. Family members say they hope to meet with Attorney General Janet Mills to discuss the case.

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