MANTECA (CBS13) - A Manteca family has a renewed call for justice after the police officer who killed their loved one was fired for a separate incident. The family of Ernesto Duenez Jr. now wants more.
It will be ten years on Tuesday since Duenez Jr. was shot and killed by Officer John Moody. Moody is the same officer taken off the job for lying in a different case.
Chants of "Justice for Ernest, Jail for Moody" could be heard outside of the Manteca Police Department on Saturday, as family and friends of Duenez, Jr. gathered in his honor. Gabriel Duenez was among the crowd demanding justice for his brother.
"We still haven't forgotten," Duenez said. "We're coming up on ten years on Tuesday."
Ten years since Duenez, Jr. was shot several times and killed by Officer Moody. Details of the investigation claimed he had a knife in his hand, but the dashcam video isn't clear and shows him turning toward a truck. The shooting was deemed justified by the San Joaquin County District Attorney's Office, but not by the Duenez family.
"We want him to be prosecuted for what he did to our brother," Duenez said.
A decade later, Officer Moody has been removed from the force. Documents provided by the Manteca Police Department revealed he lied on a police report after making a woman he arrested for DUI take a blood test she did not consent to. The Duenez family now wonders if it was the first time he lied.
"He could have been doing this his whole 20 years, you know?" Duenez asked.
The family now hopes to revisit the evidence with the district attorney. Defense attorney and legal expert Mark Reichel says they could have a case.
"You could say look, take a look at him now, and look what he's done recently since the shooting of our family member," Reichel said. "Reconsider criminal charges to be filed."
The Duenez family fights on and hopes their efforts pay off.
"Maybe something will stick," Duenez said. "Get him behind bars and get his pension taken away."
Records show the Duenez family did settle with the City of Manteca back in 2014, for $2.2 million. Though Duenez Jr.'s sister plans to meet with the DA's office next week to see what can be done. Experts say there isn't a statute of limitations to file charges for cases like this one, in state court.
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