The family of Victor Fuentes has been waiting almost two and a half years for this day. Earlier in a press conference, the family's attorneys announced a law suit has been filed against the police officer who shot Fuentes and the City of Tyler Police Department.
Yaneth Fuentes says it's been tough without having her husband by her side. Together they have three young children who are growing up without a father.
"They were pretty shocked about it. I've had to take them to counseling just because they were there when it all happened, it's hard," says Fuentes.
Fuentes was shot and killed on the last day of 2012. The family has been trying ever since to have the case go to trial. And after a recent court decision, their wish is finally coming true.
"The court of appeals actually found that they did not have jurisdiction to hear the case because there was a factual dispute about whether or not Mr. Fuentes was holding a gun at the time of the shooting," says William Hommel, one of Fuentes' attorneys.
Hommel says the city originally filed a motion to have the case dismissed. That's because the police department believed officer john riggle was immune from prosecution. But now...the case is going to federal court.
Domingo Garcia, the second attorney handling the says, "I believe the evidence will show that he was unarmed and a gun was planted on him after the shooting to justify it."
The attorneys say officers arrived at Fuentes' home on new years eve because there were multiple phones calls of shots fired. This case has been pending for a while now, and Fuentes' wife is just glad it's finally getting proper attention.
"I just want justice. I'm not going to be able to have my husband back. I'm not going to give my kids their dad back. I just want justice," says Yaneth Fuentes.
The attorneys will also be filing a written request with the department of justice and the fbi for an independent investigation of the shooting. I did contact Tyler Police but spokesman Don Martin says the department cannot comment due to pending litigation.
Fuentes' attorneys say the case is filed in the Eastern District of Texas Federal Court, and the case will be tried in Tyler. A trial is expected within 12 months.
