Published: Nov 29, 2012 5:23 PM EST
Updated: Nov 29, 2012 5:25 PM EST

LEE COUNTY, Fla.- Ann Seaburg of Cape Coral says she is planning to sue Lee County Probation, claiming it mishandled the case of Connell Carroll.  He is accused of killing Seaburg's daugther, Nicole Smith, in May of 2011.

"My heart breaks the most because my granddaughter will never know her mother," said Seaburg. Her granddaughter was only 3 months old at the time of the murder. Smith was holding the child when she was shot and killed in Fort Myers. Carroll is described as an ex-boyfriend of Smith.

Seaburg says she will claim that probation officers did not enforce requirements for Carroll.

"My daughter would be alive today, if the probation department had done its job correctly," she told WINK News.

Court administration could not address the issues directly, because a lawsuit is pending. However, it did supply documentation showing that officers were monitoring Carroll closely at times before the Smith murder. They even had him sent to jail once for violations. 

Seaburg is looking for a lawyer to take her case. She has filed a notice to sue with the probation department.

Carroll has been found competent to stand trial for the murder of Smith. He may get a trial date in winter or spring of next year.