Man's family wants justice after girlfriend says she accidentally killed him, wasn't charged

"It's been Hell since the day it happened," said Maria Martinez, mother of 26-year-old Martin Lopez Jr. "I've been fighting and fighting to get him some justice."

On February 9 of this year, Lopez died instantly from a gun shot wound to the face.

"While she was handing him the gun pointed it directly to his face and shot him in the right nostril," Martinez said.

The woman giving Martin the gun is no stranger to his family.

"I've known her for many years. I know the relationship they had and she was very aggressive with him, very controlling," said Martinez.

"He went back to that girl for nine years back after she cheated, after she hit him, he went back," said Martin's sister, Irma Perales.

"She admitted to the detectives and even pointed out how she did it and she claims it was an accident," Martinez said.

Martin's mother and sister say they felt certain the woman would face some sort of criminal charge.

"Manslaughter,  negligent homicide, something, she should have been charged for her actions," said Martinez.

In a prepared statement, the DA's office says,"After prosecutors presented all the evidence grand jurors voted not to issue an indictment. That is to say they found insufficient evidence to warrant anyone being charged with a crime essentially that the conduct that caused the gun to fire was not murder nor the result of criminal recklessness nor negligence."

"I can't let go of what happened to my son," Martinez said. "I can't."