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PHOENIX - A Buckeye Family is planning a civil lawsuit against a man they believe should be charged with second degree murder.
Isidro Mesa's death happened in March 2020 at his home in Buckeye. Family surveillance video shows two people walking up to the home, moments before Isidro’s death.
FOX 10 spoke with Isidro's widow, Evangelina, in June.
"He’s dead. He has no pulse, mom. He’s just laying in a puddle of mud," Evangelina said in June, recounting the phone call her oldest son made to her while she was in Italy.
At the time, Evangelina said she wanted answers.
"First, it was coronavirus. Now, the protest. Everything has taken priority over justice for Isidro. That’s all I want: justice," said Evangelina at the time.
In an attorneys conference room on Sept. 8, Evangelina still cries thinking about what she lost.
"My husband was my life," said Evangelina.
According to court documents, the Maricopa County Sheriff's Office submitted a 2nd degree murder charge against a man to the County Attorney's Office. The documents shows MCAO declining prosecution, due to a reason of self-defense.
"We’re into six months of my husband being killed at our house with my nine-year-old daughter inside the house, and provide a letter of declination and provide no answers. I feel that I’m not asking for nothing more than justice," said Evangelina.
MCAO officials respond
In a statement, officials with the Maricopa County Attorney's Office wrote:
“The facts in this case do not support criminal charges because there is insufficient evidence to prove that this was not an act of self-defense. Arizona statutes are very clear when it comes to self-defense and the burden is on the state to prove beyond a reasonable doubt that it was not self-defense in these cases."
Evangelina's attorney, Armando Nava, disagrees with their assessment.
"Here we have, multiple witnesses, we have a full-fledged investigation, and we have somebody killed on their own property, so I disagree with that," said Nava.
A civil suit is planned.
"Get justice in a different way, and maybe pave the way for other people to know there is some justice in some way," said Evangelina.