UVALDE, Texas — A motion was filed Friday to quash the indictment brought against former Uvalde CISD Police Chief Pete Arredondo.
In June, Arredondo was indicted on 10 separate charges of child endangerment, more than two years after the tragic and deadly Robb Elementary shooting.
"He is being charged with a crime that is not a crime in Texas. It's illegal to prosecute him with the circumstances of that day," said Arredondo's attorney, Paul Looney.
Family members feel this motion is an insult.
"How can utter the words and if he looks at the video, he was negligent the job he was trained to do. Led the children stay the room with the monster for 77 minutes," said victim Jaqueline Cazares' uncle, Jesse Rizo.
Arredondo’s attorneys claim he did what was best that day.
"But isn’t it the responsibility of a police officer to eliminate the asset or the threat?" KHOU 11 News' Anayeli Ruiz asked Looney.
"It is. And it isn’t. You don’t eliminate the threat at the expense of killing the target. That judgment has to be made by the officer on scene," Looney said.
According to the investigation, it took law enforcement 77 minutes to enter the classroom and kill the gunman.
"The kids were calling 911 saying we need help. The killer is still here. Someone save us. Nobody went inside," Anayeli Ruiz stated.
"Don’t you think someone needs to answer that? It didn’t go to Pete. It wasn’t released to Pete. He found out 3 days later," Looney said.
Arredondo’s attorneys argue he didn’t receive proper training and lacked the necessary equipment.
But those who lost their loved ones feel differently.
"What he didn’t have was courage when he describes these things. He is leaving out the most essential thing. You can make excuses all day you want. It’s the courage you didn’t have," Rizo said.
If convicted, Arredondo's maximum sentence would be 20 years in prison.