ORLANDO, FL – In an effort to keep the community informed with the prior reporting of the arrest of Kaylan Vega for second-degree murder, we are providing an update. Today, the defense’s Motion for Automatic Release on Own Recognizance on behalf of Mr. Vega was granted.

Pursuant to Florida Rule of Criminal Procedure 3.134:

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to the state shall:

(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date; or
(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date.
In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

Prosecutors at the Office of the State Attorney (“the Office”) for the Ninth Judicial Circuit are entrusted with a responsibility to file criminal charges in cases when they believe a crime can be proven beyond a reasonable doubt. In accordance with that responsibility, the Office did not have a good faith basis to object to the defense’s motion. Mr. Vega was not released from custody, but instead transported to the Orange County Jail where he will continue to be held without bond pending his violation of probation hearing.

Mr. Vega was taken into custody and held without bond for a violation of probation on July 2, 2021. The 33day time period began on July 6, 2021 when the Osceola County Sheriff’s Office executed an arrest warrant for second-degree murder. Because he was already in custody without bond, there were no public safety concerns regarding his release at that time.

Homicide cases demand thorough investigations. The Office relies on our law enforcement partners to be the primary investigators to collect the evidence necessary to bring forth appropriate charges. At this time, the evidence submitted to our Office by the Osceola County Sheriff’s Office is insufficient to support the seconddegree murder charge upon which Mr. Vega was arrested. When an arrest is made, prosecutors have a duty to determine if they can ethically charge a crime. As of today, based on the evidence submitted to our office in this case, we cannot. Our office has requested, but has not yet received, additional evidence that would ensure that justice and due process are held paramount. We will continue to review any evidence as it is submitted.

Our thoughts and prayers remain with the victim’s family and those impacted by this tragedy. State Attorney Worrell stands by the Office’s intention to approach sensitive matters thoughtfully, through meaningful and measured conversations with the families impacted, as well as the investigative law enforcement agency. It is our desire to work actively with law enforcement to evaluate how we can move forward in the handling of this case within the confines of the law. The most important thing we want to communicate is that our focus will always be the safety of our community and the citizens of the Ninth Judicial Circuit of Orange and Osceola Counties. State Attorney Worrell has made a promise to do more for the people harmed by serious crime, and that includes providing access to services to help them address the considerable trauma they have experienced. We intend to keep that promise and hope the Sheriff’s Office will work with us on providing meaningful support.