2 suspects in bar shooting cleared of murder charge

STAFFORD, TX

The bonding office at the Fort Bend County Jail says Tony Marin was waiting Monday night for someone to come bond him out. His other brother, Joe, had already been released hours earlier. They're two of four people once charged with capital murder. The charges have been dropped, leaving a victim's mother disappointed in both the district attorney's office and grand jurors, and she's devastated.

Starting late Monday afternoon, Jessica Mejorado was answering phone call after phone call. They came at about the same time Joe Marin, once charged with her son's murder, walked out of the Fort Bend County jjail a free man after six months.

"I don't even know what to say. I'm speechless," Mejorado said.

We broke the news to the mother still in mourning.

"It's been terrible," she said.

Her son, Oscar Mejorado, and his friend, Frankie Pena, were shot to death last December at the Stafford Ice House. Another son, Jacob, and four others were wounded.

"They were at the wrong place at the wrong time," Mejorado said.

Francisco Marin, said to be the shooter, was indicted for capital murder, and on Monday, a grand jury said he's the only one who should be. While they were there that night, the grand jury no billed brothers Joe and Tony Marin.

"They were accomplices. They all were. They literally went to pick up a hitman," Mejorado said. "They're getting away with. It's very unfortunate for Fort Bend County, very disappointed in the grand jury."

In response, Fort Bend County District Attorney John Healey told us quote:

"As investigation unfolded and witnesses were spoken to again and forensic evidence came back, it appeared we had only one shooter which contradicted earlier claims and there was nothing to show Tony and Joe could be charged as parties to the offense."

We wanted to hear what Joe Marin had to say, but the person on the other side of the door never opened it.

For now, Mejorado looks forward to placing her son's marker at his grave. He was an Air Force veteran who served his country. She feels let down by hers.

"This was my son and my duty as a mother was to be there in life and death," she said.

A fourth person, Michael Marin, also was charged, but he also has been released. The district attorney said the investigation isn't over and it's possible all the men could face lesser charges.