New Orleans Police Officer Kevin Thomas nearly lost his life allegedly battling looters at an Algiers gas station the day after Hurricane Katrina.

Four Investigates discovered that the two men accused of shooting Thomas were arrested and then released in a case that the Orleans Parish District Attorney’s Office admitted "fell through the cracks." Now, both men are back behind bars, after nearly a nearly two-year search.

“That was the worst experience of my entire life,” said Thomas in an interview. “Every morning I wake up and try to keep my self contained try to forget about things. It's kind of hard to not remember. You can't control your dreams. If I could control my dreams, it wouldn't be a problem.”

What kept him up at night was the fact that the two main suspects were still on the loose.

But last week, acting on a Crimestoppers tip, a U.S. Marshall’s Fugitive Task Force arrested 46-year-old Vincent Walker in Birmingham, Ala. and 25-year-old Jamil Joyner in Philadelphia, Penn. Both were released after spending eleven months in jail, because last year the DA’s office admitted they never filed the paperwork charging them with attempted murder of a police officer.

"We had the police report and we knew about the case and we should have either filed charges or refused the charges," said Assistant District Attorney George Bourgeois in an interview with Eyewitness News in February of 2007.

In fact, court records show that the police report even contained a ballistics test linking the gun found on Joyner at the time of his arrest to shell casings found at the scene.

Prosecutors accepted the charges in February of 2007, but it was too late. The two suspects had already fled.

“Certainly, we were highly disappointed when they were released. We were not notified of their release for almost six months, if I remember correctly,” said Superintendent Warren Riley. “We're very happy that the U.S. Marshalls did locate both of those subjects. They certainly need to stand trial for the attempted murder of Officer Kevin Thomas.”

“I can't figure out one thing in the world why these guys can't get convicted. I have faith in the criminal justice system. There's no reason. I did not pose a threat to them. I was in uniform. I was in full uniform. He had no reason to actually shoot me,” Thomas said.

Thomas is still on the New Orleans Police Department, however, he’s still on injured status. More than three years after the shooting, he said his doctors may need to do a third surgery to remove the bullet fragments from his skull.

He said he still has sporadic seizures, and even though he’s relieved that the two suspects were finally caught, there’s one unknown that still bothers him.

“To be honest, I still want to know why,” Thomas said.

The two men still have to be extradited from Pennsylvania and Alabama before facing the charges. They were both released under the Louisiana’s 701 law that required suspects to be released if they’re not formally charged within 60 days of a crime. That law has since been changed to allow more time for prosecutors to accept the charges.

Thomas’ case is one reason the DA’s office has worked to eliminate 701 releases this year.