Currently, only the State of Indiana is prosecuting KK.
The decision to bring accusations of violations of criminal statutes of the State of Indiana is determined by the District Attorney elected by the citizens of the judicial district wherein the crime(s) is/are alleged to have taken place (“venue”). The current venue is Miami County because KK possessed digital images on his phone at his home in Peru. If he is charged with the murder of LG and AW, the venue will be Carrol County by a separate charging document called an indictment, accusation or information.
The decision to prosecute allegations of criminal violations of the United States Code is determined by the US Attorney for the judicial district division who is nominated by the Attorney General of the United States as a cabinet official and chosen by the President of the United States and approved by Congress. The US venue for Delphi and/or Peru Indiana is the Northern District of Indiana.
The State of Indiana is prosecuting KK for 15 counts or transactions/occurrences in violation of the criminal statues of the State of Indiana. All are related to CSAM.
The US may eventually also elect to prosecute KK for the same transactions