Survivors of that shooting, families of victims and community organizations joined together Tuesday morning to protest the Fort Bend County District Attorney's actions. They say the men should have been charged and should have to face jail time.
Oscar Mejorado and Frankie Pena both died in the shooting at the Stafford Ice House in December 2010. Three others were hurt.
Brothers Joe and Tony Marin were no-billed by a grand jury in June. Francisco Marin is charged with capital murder.
Protesters say Joe and Tony Marin were just as involved, even if they didn't pull the trigger.
John Montoya was shot on that night in December. He was at the protest and showed us the scar from where a bullet entered his shoulder. He says it broke his collarbone and collapsed a lung and for a little while, he says, he thought he was going to die. He wants the brothers to serve time.
"They contributed to the murder of two of my best friends and not being held accountable for their actions," Montoya said. "They had two getaway cars waiting for them and still, they let them walk."
The Ft. Bend Co. District Attorney told Eyewitness News that the evidence shows only one gunman was involved, but that the investigation is still open and the Marin brothers could still face other, lesser charges.
