PHOENIX — Nearly every weekend, a large group protests outside a Phoenix restaurant where their loved one was killed.
It's been going on since February at the Taco Mich on Camelback Road near 27th Avenue. On Sunday, about 40 people once again gathered carrying signs calling for justice in the death of their friend and loved one, 26-year-old Oscar Ornelas.
“I believe everybody wants justice for what happened to my brother that day here,” Oscar's brother Jesus Ornelas said.
Ornelas said on Feb. 11, his brother went to the taco shop multiple times that day arguing with staff because he was upset his wife was working there. According to Phoenix police, at around 10:00 p.m., Ornelas came into the store with a gun and fired multiple shots, after which an armed individual inside the business returned gunfire, killing Ornelas.
“Definitely does sink in and put a big gap in our hearts because he is no longer there for us or his kids and his wife,” said his brother.
The person who shot Ornelas was not charged. Police said the person claimed self-defense and witnesses corroborated the story. However, family and friends of Ornelas wish the situation turned out differently.
“If he would have been arrested or some other precautions would have been taken in place he would not be dead,” Ornelas said.
Ornelas also said he doesn't agree with what his brother did. However, he doesn't believe this shooting was done in self-defense claiming that his brother was leaving the restaurant as he was shot.
“I don’t understand how it’s self-defense if he turned his back on them,” he said.
However, Kirk Evans, the president of U.S. LawShield which specializes in self-defense law, said from how he sees the situation, this was a justified shooting.
“In Arizona, you are permitted to use deadly force to defend not only yourself for murder but also a third party and so if there is an argument that he’s running around looking for somebody to shoot, even though it may look like he is leaving the restaurant you are still allowed to use deadly force,” Evans said.
While Evans said there may be more to this case that is not known to the public, he said in extreme cases like this if Ornelas would have actually apologized to those in the restaurant and said he would not fire another round attorneys could have made the argument that deadly force was not necessary.
“Under the law, if you give a clear indication that the confrontation is over, and a clear indication that you’re abandoning this encounter and it’s believable, technically you are not allowed to use deadly force after that point of time,” said Evans.
Phoenix Police said this case has been submitted to the Maricopa County Attorney's Office for review. A spokesperson said MCAO will make the determination if charges will be filed against the person who shot Ornelas.
VERSIÓN EN ESPAÑOL: Según informes, un hombre de Phoenix fue asesinado en defensa propia, pero su familia dice que eso no es verdad
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