SAN ANTONIO – It's been over a year since Marquise Jones, 23, was shot by off-duty San Antonio police Officer Robert Encina, and family members say Jones has yet to receive justice.
Jones was killed by Encina during an incident outside Chacho's restaurant on Feb. 28, 2014.
Encina said he thought Jones was armed and the officer feared for his life as Jones attempted to leave the scene of a minor accident, according to police.
The family's attorney, Daryl Washington, said two Chacho's employees have now stated Jones was never armed with a gun that night.
"What he knew was he got out of the car and he tried to run to safety and he was shot in his back," said Washington.
Washington believes the San Antonio Police Department is protecting one of their own.
"Police officers should not be treated any differently than a regular citizen. They should be held to a higher standard because they're hired to serve and protect the citizens, not kill the citizens," Washington said.
Jones' aunt Debbie Bush agrees.
"What we're trying to understand about Robert Encina is why is he an officer still, he shouldn't even be wearing a badge. And that's letting me know that San Antonio is allowing anyone to wear a badge," Bush said.
Washington said the family won't be satisfied until Encina is indicted. They want Bexar County District Attorney Nico LaHood on the case.
"There was a gun that was found at least 10 to 20 feet from Marquise. There was not a gun that was found in his possession," Washington said.
LaHood said his office continues to review the case to see whether the shooting was justified.