ALBUQUERQUE (KRQE) - The family of a man killed by his Albuquerque neighbor says justice is long overdue.
It's been two months since Donnie Pearson shot and killed neighbor Jonathan Mitchell , after reports Mitchell was roaming the neighborhood with a gun.
The day after the shooting happened in March, APD said they'd forward the case to the District Attorney's office to decide on charges.
APD says they're done with the investigation and working on compiling the documents to forward to the DA.
Mitchell's older brother Aaron, a police officer in Florida, says the situation could have been avoided by leaving the situation for the police to handle.
"Donnie Pearson had no reason to go out with his 15-year-old son, armed with a gun, looking for another person with a gun. That's not his job," Aaron said. "That's why we have police to do jobs like this. We're trained in de-escalation. We have less lethal tools available to us."
APD's helicopter - which happened to be in the area at the time - shot video showing Pearson drive up to Jonathan Mitchell's house in his SUV.
Police say it shows Mitchell shoot from his driveway, and a few seconds later, Pearson fires back -- hitting Mitchell.
The video shows Mitchell and his younger brother running into a neighbor's yard-- where Mitchell eventually dies.
"It's almost as if it's a shooting by proxy," said father Isaac Mitchell. "Instead of a cop shooting Jonathan they had a proxy do that. It's like a wink and a nod they gave Donnie Pearson in the murder of my son."
As time drags on, the family feels as though justice has been denied to Jonathan.
"We miss Jonathan. We miss him a lot. On the 28th of April was his birthday - that was hard," Isaac said. "Memorial Day was even harder because this fallen vet hasn't received justice that he deserves."
Once the District Attorney's office receives the case, the DA will decide whether charges should be filed against Pearson.
We contacted Pearson's attorney but they did not get back to us.
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