Prosecutors said there was “insufficient evidence” to charge Susan Lorincz with murder in the shooting death of Ajike “AJ” Owens,

The news comes despite a push from Owens’ family to upgrade the original manslaughter charges to second-degree murder. The state said there is “insufficient evidence” to prove Lorincz had a “depraved mind.”

Doing so is required to establish second-degree murder, according to the outlet.

“In order to prove the crime of second-degree murder, the State must prove beyond and to the exclusion of every reasonable doubt, the existence of a depraved mind toward the victim at the time of the killing. Depraved mind requires evidence of hatred, spite, ill will or evil intent toward the victim at the time of the killing. As deplorable as the defendant’s actions were in this case, there is insufficient evidence to prove this specific and required element of second-degree murder,” Gladson said.

Additionally, the prosecutor continued: “I am aware of the desire of the family, and some community members, that the defendant be charged with second-degree murder. My obligation as State Attorney is to follow the law in each case that I prosecute.”