[Updated at 12:11 p.m. ET] State Attorney Angela Corey, appointed as a special prosecutor in the February shooting death of 17-year-old Trayvon Martin, has decided against sending the case to a grand jury, her office said Monday.
"The decision should not be considered a factor in the final determination of the case," Corey's office said in a statement.
The grand jury, set to convene on Tuesday, was previously scheduled by the former prosecutor.
Corey previously said she has not used grand jury's in cases like this and added that from the time she was appointed she said she may not need a grand jury.
The decision about whether or not to charge George Zimmerman in the case now rests with prosecutors.
"At this time, the investigation continues and there will be no further comment from this office," in the statement.
The decision means that the timetable for any possible charges remains up in the air.
"We had hoped she had enough evidence without the need to convene a grand jury,‚ÄĚ Ben Crump, the attorney for the Martin family said about Corey. ‚ÄúThe family is trying to have patience and faith through all of this."
Crump said they are hoping for charges and an arrest as soon as possible.
"We know we want that day to come,‚ÄĚ Crump said. ‚ÄúWe want a very public trial so the evidence can come out and show people that the justice system works for everybody."
Crump added that he believed the evidence that has come out has ‚Äúmade it clear‚ÄĚ that charges should be filed, without the need of a grand jury.
George¬†Zimmerman's¬†new attorney, Hal¬†Uhrig, told CNN that he was "not surprised" by the announcement.
Uhrig said he doesn't know what her ultimate decision will be but that the move to go without a grand jury is a "courageous¬†move on her part."
Martin ventured out from his father's fiancee's home in Sanford to get a snack at a nearby convenience store. As he walked home with a bag of Skittles and an Arizona iced tea, he was shot and killed by Zimmerman.
Sanford police questioned Zimmerman and released him without charges.
From there, the case has evolved into opposing allegations from Zimmerman's supporters, Martin's family and authorities.
Zimmerman says he killed Martin in self-defense after the teen punched him and slammed his head on the sidewalk, according to an Orlando Sentinel report that was later confirmed by Sanford police.
The case ¬†has triggered a nationwide debate about Florida's "stand your ground" law - which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury - and race in America.