FORT MYERS, Fla. — If you blink you'll miss it.
New video from a neighbor's surveillance camera showing a man matching the description of Ryan Cole, walking up to Khyler Edman's home on September 26.
According to the affidavit in the case, Cole broke into the home,killing 15-year-old Khyler as he protected his young sister.
Charlotte County Sheriff, Bill Prummell, called it "a very violent encounter."
Records say the teen died of stab wounds, but Cole was also injured in the fight.
He ran to several homes trying to get help for stab wounds to his hand and was arrested wearing a stolen boxing glove, used to stop the bleeding.
He has since been charged with murder.
"Ryan Clayton Cole was charged with murder in the second degree and burglary with battery," said Prummell.
Many Fox 4 viewers have asked why Cole isn't facing first degree murder charges.
We asked Florida Gulf Coast University law professor, Pamella Seay, for her take on things.
"At this point it's not clear that they can show premeditation or that there was an accompanying felony," said Seay.
The Charlotte County Sheriff's Office says they're still working the case, but ran into issues with processing evidence.
"I did authorize the use of a private lab to expedite getting back as our state labs are backed up," said Prummell.
Former prosecutor and trial lawyer, Jack Morgan, says its likely that the sheriff's office will eventually process new evidence that will lead to new charges.
"My guess is that at some point in time there will be a felony murder charge but the state is likely waiting they have all the evidence evaluated, analyzed and ready to go," said Morgan.
Morgan adds that if the charges are upgraded, Cole will face either life in prison or the death penalty.
Cole's next court date in this murder case is December 9.
