Family of teen fatally shot by Navasota officer speaks out

NAVASOTA, TX (KTRK) -- Last month, a grand jury refused to indict Rey Garza, the Navasota police officer who shot and killed a 17-year-old boy during a confrontation at an apartment complex. But the teen's parents say their search for justice isn't over.

Joseph Santellana gets emotional as he reads a statement from his attorney's office, "I lost my son, someone I loved dearly," and adds, "He was a good kid, real goofy. Funny kid, always made everybody laugh. Always had a smile on his face."

Last November, Joseph and his wife Roxana lost their son Jonathan Santellana.

"It's really hard for me. I'm having a really hard time," Roxana Santellana said.

Last month, a Harris County Grand Jury decided not to indict the Navasota Police Officer who shot and killed him. The father of the teen says the decision left him with "lots of emotions, angry, mad, hurt."

The incident started last November when the teen was visiting a friend and was sitting in a car with his girlfriend at Copperfield apartments off Park Point Drive and Highway 6. The security guard on duty was Garza, a resident of the community and a Navasota Police Officer. Garza told investigators he spotted what he described to investigators as possible suspicious drug activity. As he approached, he says he identified himself to the teen but the teen threw the car in reverse and pinned him, leading the officer to fire his gun.

Joseph Santellana says he doesn't believe his son knew Garza was a police officer.

"I honestly think he and the girl thought they were being robbed and that's why they reacted in the way that he did," he said.

The surviving girlfriend in the car says Garza was in street clothes and came from behind the vehicle with a gun in his hand. She has told the Santellana's the officer did not identify himself upon approaching.

"With him being in regular clothes anybody would think you are being robbed." She believes the story could have had a different outcome, "He could have done things different. I've lost my son. I can't get him back," Roxana Santellana said.

Officer Garza was cleared and has been reinstated to active, full-time patrol duty with the Navasota Police Department. The attorney for the officer, Greg Cagle, believes his client used "reasonable force" and says while he was pinned by the car his shoes were ripped off his feet.

The family says they're seeking civil action starting with the apartment complex.

Eyewitness News has requested a response from the attorney's representing the apartments.