By Chris Tye

CHICAGO (CBS) — Murdered on a Friday afternoon in a friend’s apartment.

Now, his family applying pressure on the state’s attorneys office whose lack of action, they said, is heartbreaking.

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CB S2’s Chris Tye reports from the Cook County State’s Attorney Building with what Kim Foxx’s office said.

Insufficient evidence and testimony. It just didn’t meet their burden of proof. That from the State’s Attorney.

The family said that doesn’t wash.

“We want justice for Marcus. We aren’t going to let this down,” said Marcus’ brother Perry Lewis.

The injustice for Marcus Lewis, according to his family, began in a Pullman apartment building on April 23.

They said police told them a man stormed into an apartment of a friend on East 104th in the Pullman neighborhood that Friday afternoon and shot him nine times.

“My brother was 25 years old, just starting his life,” said his sister Nancy Lewis-Rice.

A life that ended too early. So too did the prosecutors case against a suspect.

A person of interest, according to police, was seen on video leaving the building just after that shooting, along with a female witness.

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“The girl came out of the house first according to the videotape,” Perry said. “And then he walked out casually to his car and left. Five days later, maybe ten days later he turned himself in.”

The family was told by investigators inconsistencies from that witness cooled the case against that suspect.

“Of course she’s gonna be scared she was there when the shots went off. So yeah, she’s frightened,” said P. Foster, a private investigator.

On Tuesday afternoon, Cook County State’s Attorney Kim Foxx told CBS 2:

“After a thorough review, we concluded that the totality of the evidence, including eyewitness accounts, was insufficient to meet our burden of proof to file criminal charges at this time. We are open to a further review if new or additional information is brought to us.”

“This guy is back on the street who shot a person nine times,” said Lewis-Rice.

Siblings vowed to keep up pressure and not become victims of what they call “cold justice.”

“Her office has failed us. They failed us as a family. They failed us as a community,” Lewis said.

The family said CPD has been transparent with them every step of the way. The family is working on drafting a formal appeal to the State’s Attorney to keep this case on their front burner.

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