HARLAN, Ky. (WYMT) - A Harlan County man charged with murder is out of jail.
Robert Curry is accused of killing Bruce Penix in September.
The case was sent to the grand jury on September 24th, but no indictment has been returned yet.
Because 60 days have passed and no indictment was issued, the judge signed the order to release Curry.
He was released from jail Tuesday.
“Due to the fact that he hasn't been indicted within 60 days of the date he waived to the grand jury, we submitted the necessary paperwork to have him released,” Douglas Asher said.
The Harlan County Commonwealth's Attorney was not at his office and we could not reach him.
An employee told us the case has not been presented to the grand jury yet but did not know why.