Family of mother allegedly killed by boyfriend wants custody of her only child

HOUSTON, Texas (KTRK) -- We are learning more about Vicktoria Robles, who was found shot and killed in her apartment off El Mundo in Houston's southside on Monday.

According to documents filed at the Harris County District Clerks' Office, the 32-year-old woman was shot on Mother's Day by her boyfriend, James Christopher Ochoa, who fled to his mother's house in the Austin area with their 1-month-old daughter after the murder.

Documents say James Ochoa shot Robles in the head once with a firearm causing her death.

In the court documents, two Houston police officers drove to the Cedar Park Police Department Monday afternoon, 20 minutes outside Austin, to interview James Ochoa.

HPD officers said James Ochoa refused to give a statement and asked for his attorney. The HPD officers then interviewed a Cedar Park police officer to get information on the case.

The CPPD officer told HPD that he had met with 33-year-old James Ochoa and his mother, Lorena Ochoa, earlier that day. The officer said James Ochoa's mother gave the department two handguns which James Ochoa told her were used in the crime.

According to an interview with the Cedar Park police officer, Lorena Ochoa said her son showed up at her Cedar Park home around 5 a.m. Monday morning and told her, "Don't be afraid, but Vicktoria (Robles) is dead."

Documents went on to say that James Ochoa told his mother that he and Robles had been arguing about a Mother's Day dinner Sunday night at their apartment on El Mundo.

According to Lorena Ochoa, James Ochoa said Robles ran from him and grabbed a semi-automatic pistol in the bedroom. Lorena Ochoa told police that her son followed Robles into the bedroom and they tussled over the handgun.

James Ochoa told his mother that while the two were fighting, he was able to grab another handgun and shot Robles in self-defense. He then took both guns with him and the couple's infant daughter and drove to his mother's home, where he took a shower and changed his clothes at her residence.

Documents say that Lorena Ochoa told her son that he had to turn himself into the police. The report indicates that HPD went to Robles apartment that morning around 8 a.m.

HPD said the apartment manager gave a master key to a detective, so he could check the apartment. That's when the HPD officer found Robles dead on the bedroom floor of the apartment and pronounced her dead at the scene at 8:50 a.m.

In the court documents, the HPD detective said there did not appear to be a struggle inside the apartment and that a single spent shell casing was found approximately eight to 10 feet from Robles' body.

The HPD detective on the scene said Robles had a cell phone in her right hand and that she was lying face down on the floor next to the bed. Documents show the 32-year-old had a single gunshot wound to the right temple area and that she appeared to have been shot from a distance.

ABC13 spoke to Eric Andrade, Robles' oldest brother who lives in Brownsville, who said he's upset that the suspect's family has his newborn niece. He said it's a decision that his little sister would not have wanted.

"She (the niece) is the only surviving part of my sister," said Andrade. "I need to find some kind of remedy to this."

Andrade said Lorena Ochoa called him Tuesday evening to say the baby girl is in her care.

"The route this case should be going is bringing justice to my sister who was brutally slain by her boyfriend, friend, partner, whatever he is, and bringing that baby into safe arms," Andrade said.

Court records show James Ochoa was previously charged in September with assaulting Robles while she was six weeks pregnant.

According to that previous document, James Ochoa assaulted Robles in the same apartment they shared together. The report states that James Ochoa had pushed Robles to the wall by her face with both of his open hands.

As a result, according to the report, Robles was bleeding from her mouth and felt pain after the incident.

"She called me crying in the middle of the night. I did not know what incident had occurred. I didn't know she had gotten beaten while she was pregnant," said Andrade.

In February, the case went before a grand jury, but charges were dropped due to insufficient evidence, so James Ochoa could not be formally charged.

ABC13 reached out to Child Protective Services in Austin about the placement of the child and how that is determined.

"CPI (Child Protective Investigation) will coordinate with law enforcement in Houston on the case," CPS spokesperson Shari Pulliam said in a statement.

As for Robles' only child, Andrade believes the newborn should be with him in Brownsville.

"Considering the circumstances of the brutality of this crime, I feel that this baby should be placed with somebody in a neutral position, which is us," said Andrade. "Very far away from the suspect's family."

Robles' family created a GoFundMe to help pay for legal fees as they fight for custody of her child.

ABC13 also reached out to the Harris County District Attorney's Office to determine if charges have been filed against James Ochoa in Robles' murder.

"This death is another tragic reminder of how volatile domestic violence can be," Harris County District Attorney Kim Ogg said. "Unfortunately, sometimes the person closest to us poses the greatest risk to our well-being. The facts of this matter are terribly troubling and heartbreaking."

The DA's office sent a previous statement which said, "We have been in touch with the victim's family to ensure they know we will help them in any way we can, and that most especially includes seeking justice for Vicktoria Robles. The defendant has been charged with her murder and the case is being handled by the specialized prosecutors of our Domestic Violence Division."