PRESTONSBURG, Ky. — It’s a matter “case dismissed,” but not “case closed,” for the suspect in a Floyd County murder investigation.

Summer Lynn Adkins, 22, of Prestonsburg, has been released from home incarceration and all bond conditions, after a grand jury failed to indict her within 60 days. However, the case is still ongoing and evidence is continuing to be presented.

Adkins is charged with murder for shooting and killing her father, Jimmy Harvey, 62, of Prestonsburg, back in June.

During her preliminary hearing, it was revealed that Adkins told police she killed him because she had learned he was sexually abusing her niece. She further told police he had done the same to her as a child.

Last week, Floyd Circuit Judge Johnny Ray Harris dismissed the case and ordered Adkins to be released from custody. However, Commonwealth’s Attorney Brent Turner says a grand jury has not yet made a final determination about the case, and the judge’s order is a routine dismissal that has no bearing on whether the case ultimately goes to trial.

Turner explained that Kentucky Rules of Criminal Procedure mandate a case be dismissed if no indictment is returned within 60 days.

“The purpose of the rule is to prevent people from potentially sitting in jail for years and then have the grand jury later decide not to indict,” Turner said.

Turner said evidence is still being presented, and grand jurors will decide whether or not to indict once they are satisfied they have all the facts.