Community leaders call for DOJ investigation into fatal Jack-in-the-Box shootout

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Harris County Sheriff Ed Gonzalez suggests teens shot by police may not have fired guns. (KTRK)

Community activist Quanell X wants the Department of Justice to investigate the violent result of a robbery in north Harris County.

Four teens are accused of trying to rob a Jack-in-the Box as members of a joint agency police task force surveilled them and opened fire.

Two of the four suspects are in custody. One of them was killed and another is in the hospital.

"My son didn't have an opportunity to surrender," said Elvin May, the father of a 15-year-old suspect. "Right now he's lying in a hospital bed, gunshot wounds all through his body."

Initially, police said following the shooting that the teenage robbers had fired first. Now, it seems that may not be the case.

"This was not necessary," said Quanell X. "They never pointed the gun. They never had a shot. This was an execution."

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Quanell X and family members of the suspects met with Harris County Sheriff Ed Gonzalez Tuesday morning. They are calling for the Justice Department Civil Rights Division to get involved, saying the officers -- part of a multi-agency task force -- never should have opened fire.

The sheriff seemed to confirm the teens never fired a shot. He clarified he is not leading the investigation and doesn't have all of the information.

"I was not aware of anybody discharging their firearms other than law enforcement. But I did preface it by saying it's still under investigation," Gonzalez told reporters during an afternoon press conference. "To my knowledge, I do not have that information that any suspects opened fire per se. I know there were weapons involved or perceived weapons involved. With gunfire, especially when multiple shots are fired, you always want to be careful not to speak ahead of what the evidence out there will reveal."

The anti-robbery task force includes the Harris County Sheriff's Office, Houston Police Department, DPS and the ATF.

HPD's involvement is with a group called "North Tac." The proactive tactical group is not operational because two supervisors were involved in the shooting, ABC13 has confirmed. ATF was not there the night of the shooting.

Gonzalez added his deputies never fired their weapons.

Quanell X said the families of the suspects want to know why other officers did.

"None of us are condoning what these young men did," he said. "Robbing on any level is wrong. Robbing anyone is wrong. But executing somebody and setting the stage to justify it -- is just as wrong," he added.

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