The Harris County District Attorney’s Office has filed to dismiss a murder charge in connection with a gunshot fatality in September of last year.
The incident occurred on September 10, 2024, on Oakengates Drive in the Channelview neighborhood.
Family members said they are unhappy and frustrated, and they want to use this as motivation to achieve justice for 28-year-old Jesus Lopez.
“We were just like every day, always together,” the victim’s mother, Rose Rubalcava, explained.
Rubalcava describes herself and her son, Lopez, as best friends.
“Bright. He filled the room. “He was always happy,” Rubalcava stated. “He was always smiling.”
She says she misses the enthusiasm and smile she used to have every day. This week marks one year since she lost her only child.
“It’s still hard, but I have to try my hardest to get justice for my family,” she said.
And now, the Harris County District Attorney’s Office has moved to dismiss Jonathan Cruz’s murder allegation.
Last year, investigators informed ABC13 that Lopez and Cruz, the alleged shooter, had a disagreement. According to reports, Lopez shot Cruz in the leg, and Cruz returned fire as Lopez fled, killing him.
Rubalcava claims there’s more to the story. She claims Cruz abused her.
Rubalcava claims Cruz and her son were arguing at their home when Lopez warned him not to attack her, at which point Cruz shot him and her son responded — something authorities have yet to confirm.
According to court documents, Cruz was convicted of abusing Rubalcava in 2023 and then breaking a protective order. According to court records, he was charged with the same offense in 2020 and also violated a protective order at the time.
“They just say close the folder and that’s it. Another person has been murdered. “Close that folder,” Rubalcava stated.
The DA’s office told ABC13 that their responsibility is to pursue justice, not just convictions. In their statement to our station, they stated, “After carefully reviewing the case involving Jonathan Cruz, we could not disprove his claim of self-defense beyond a reasonable doubt.
The decision to dismiss charges does not mean the case is over; we have the right to re-file charges if new evidence becomes available.”
“Like I said, I am not going to stop. I am not going to stop here. Rubalcava stated that he will fight for justice for his family till the day he dies.
Rubalcava says the news of the firing has been heartbreaking.
