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CHANNELVIEW, Texas (KTRK) — The Harris County District Attorney’s Office has moved to dismiss a murder charge in a shooting death from last September.

The incident happened on Sept. 10, 2024, along Oakengates Drive in the Channelview area.

Family members say they feel disappointed and frustrated, and say they will use this as fuel to get justice for 28-year-old Jesus Lopez.

“We were just like every day, always together, always together,” the victim’s mother, Rose Rubalcava, said.

Like two peas in a pod, Rubalcava says she and her son, Lopez, were like best friends.

“Bright. He filled the room. He was always happy,” Rubalcava said. “He was always smiling.”

It’s a joy and smile she says she misses daily. This week marks a year since she lost her only child.

“It’s still hard, but I have to try my hardest to get justice for my family,” Rubalcava said.

And now, the Harris County District Attorney’s Office has moved to dismiss the murder charge against Jonathan Cruz.

Investigators told ABC13 last year that Lopez and his accused shooter, Cruz, got into an argument. They said Lopez shot Cruz in the leg, and that Cruz shot back as Lopez was running away, killing him.

Rubalcava says there’s more to the story. She claims Cruz was abusing her.

Rubalcava says Cruz and her son were arguing at their home because Lopez told him not to hurt her, and that’s when she says Cruz shot him and her son shot back — something investigators haven’t been able to verify.

Court records show Cruz was convicted of abusing Rubalcava in 2023 and then violating a protective order. It wasn’t the first time court records show he was charged for the same thing in 2020, and also violated a protective order then.

“They’re just like close the folder and that’s it. We have another person that got murdered. Close that folder,” Rubalcava said.

The DA’s office tells ABC13 their duty is to seek justice and not simply convictions. In their statement to our station, they said, “After careful review of the case involving Jonathan Cruz, we could not disprove his claim of self-defense beyond a reasonable doubt. The decision to dismiss charges does not close the door entirely-we reserve the right to re-file charges should new evidence come to light.”

“Like I said, I’m not going to stop. I’m not going to stop here. I’m going to continue until I take my last breath to get justice for my family,” Rubalcava said.

Rubalcava says the news of the dismissal has been heart-wrenching.

ABC13 reached out to Cruz’s attorney for comment, but we have not heard back.

For updates on this story, follow Daniela Hurtado on Facebook, X and Instagram.