BROWNSVILLE - Prosecutors say four of the five teens taken into custody in connection with a gang rape in Brownsville last week were to be released Thursday.
Despite the release, charges are still pending. Some had already returned home after posting bail.
By law, the district attorney's office must secure an indictment within a set timeframe or release suspects from custody. Prosecutors say they could not obtain the indictment in time.
READ MORE: Brooklyn Crime Stories
Authorities still have six months to bring an indictment.
Investigators say the fifth suspect, Shaquell Cooper, remains held for an October 2015 assault case.
Cellphone video taken before the alleged gang rape of an 18-year-old woman appears to show her smiling and laughing with the suspects before the attack.
Police say the victim's father, who was with her minutes before the assault, told them that the teens chased him away from the scene inside Osborn Playground with a gun.
Police have not recovered a gun, and the suspects deny that they ever had one.
Five teens between 14 and 17 years old have been charged with rape, but the investigation is ongoing. Attorneys for the teens say only three of them had sexual contact with the woman, and it was consensual.
There are also allegations that the father and daughter were drunk and having sex before the five suspects approached them.
Officials say the DNA evidence in the rape kit won't be available until next week.