HOUSTON, Texas (KTRK) -- As a man sits behind bars charged with capital murder, accused of killing his ex-girlfriend in front of their 2-year-old daughter, the suspect's family maintains his innocence.
Richard Hemphill, 27, is accused of killing the mother of his child Allexus Alsup, 26, after he showed up at her apartment on Calhoun Road at about 4 a.m. on Dec. 1.
According to Elaine Hemphill, her brother and Alsup have been on and off for years, and the two had an argument over her current boyfriend, who was in the apartment at the time of the fatal shooting.
"I do send my condolences to her and her family and her children because at the end of the day, regardless of what took place, no one ever thought about those kids," Elaine said.
Investigators said video shows Hemphill trying to get into the apartment, and his ex-girlfriend fired first while he was trying to break in.
"I don't think that's accurate - that he was trying to break into the apartment because he has keys to the home," Elaine said. "When you shoot at someone and kids are involved, you are just as liable."
According to police, Hemphill then went into the car to grab a rifle, and Alsup was found shot several times in the back.
"He said he didn't shoot five times," Elaine said.
According to police, several others were in the apartment at the time, including Alsup's sister, current boyfriend, their 2-year-old daughter, and her other child.
"Who does (Hemphill) say shot her then?" ABC13 asked Elaine.
"He doesn't know, and the big question is who shot her," Elaine responded. "That's my biggest thing. I'm not going to put the blame on her because everyone's story doesn't make sense. The people in the house, they aren't telling the truth."
Witnesses told police Hemphill harassed his ex-girlfriend before the shooting.
Investigators believe Hemphill fired four to five rounds, then ran away from the Wesley Square Apartments.
When asked why he ran off instead of waiting for police, his sister said he was shot and scared.
"What I hope is the truth and who actually shot her," Elaine said. "Meaning, I don't want my brother sitting in jail for something he didn't do because someone else did it, and they are trying to cover their tail."
A magistrate has temporarily denied Hemphill's bond until his next hearing. He is scheduled to appear in court Monday, Dec. 5.