BUDA, Texas — There will be no murder charges filed following a shooting in Buda that left a 17-year-old dead.
Hays County Criminal District Attorney Kelly Higgins made the announcement Thursday, more than three weeks after Erick Marin was shot and killed in a drainage area.
Investigators reviewed two videos of the shooting that were filmed by people who were present. The videos revealed a relative of Marin's went to the Shadow Creek neighborhood to fight a 21-year-old.
During the fight, Marin pulled out a gun and started shooting at the 21-year-old. A teenager in the opposite group pulled out a gun and returned fire. The 21-year-old then grabbed that gun and killed Marin.
The District Attorney's Office reviewed all the footage and determined Marin was the first person to pull out and fire his gun, concluding that the shooting was justified under Texas laws related to self-defense and defense of a third person.
A grand jury agreed and voted to no-bill the case. However, the other people involved in the incident may still face charges related to conduct.
Marin's mother upset by grand jury's decision
Anna Mendivil, Marin's mother, said she was heartbroken to hear about the grand jury's decision.
"I feel like everyone should pay. And right now, we're paying," Mendivil said. "We're really paying for everything."
Mendivil said she saw the full video of the shooting, and she claims Marin was not shooting at the 21-year-old. She said he came out from behind a bush to pull his 14-year-old sister out of danger after the 21-year-old pointed the gun at her and she froze.
"This argument was about family," Mendivil said. "He was protecting his siblings. It wasn't about drugs. It wasn't about money. It was about family. That's how loyal my son was to his family. He gave up his life for his sister's."
Although Mendivil said her son should not have been involved in a fight, she feels the justice system has failed her and her family by not charging the 21-year-old who shot him.
"I don't understand why the one that's the 21-year-old, why he's not the one getting charged with murder," Mendivil said. "I don't believe in the justice system right now. It's kind of hard to."
She also said her family is living in fear because the 21-year-old and the other kids involved in the fight know where her house is and have been making hateful posts online.
"Honestly, in my heart, [I believe] they're not going to stop killing," Mendivil said. "The videos they're posting, the way they're laughing – they're going around telling people, 'It's all good.' Like, 'Nothing's going to happen to us.' They're right."
Mendivil is hopeful all the kids involved in the deadly shooting will be charged.