“It’s been one nightmare that I cannot explain,” said Mary Jo Cordova, the mother of Earl Roybal. “I never knew that a parent could hurt as much as that because it’s not easy to lose a kid.”

According to documents, 59-year-old Earl Roybal was washing his motorcycle with his fiancé when he was approached by a man waiting to use his carwash bay. That same man, James Morales, told police he was forced to pull and fire his weapon when an argument over that station escalated.

"The guy said he had a gun, hit me in the face. I had a gun too,” said Morales in a 911 call to police after shooting Roybal. When asked if he shot him, he told dispatch “Yes I did self-defense."

“There just wasn't any justice done,” said Rita Nunez Gallegos, Roybal’s Aunt.

Days, months then years went by.

“No one was held responsible,” said Cordova.

The man, who called 911 on himself, was released from police custody.

Bernalillo County District Attorney Raul Torrez decided not to pursue charges. Back in June 2017, he released his findings saying, “the state did not have a good faith belief that it could convict Mr. Morales given the available evidence."

“I’m 77-years-old,” said Cordova. “I just want justice for my son.”

She's hoping to find justice in the pages of this lawsuit. Her attorney, David Urias, of Freedman Boyd Hollander Goldberg Urias & Ward, filed a wrongful death lawsuit against James Morales.

According to the document, he was negligent when he initiated a confrontation and fired his weapon. The suit is seeking damages for medical and funeral expenses, pain and suffering, emotional distress and more.

“We want to see justice done in the right way,” said Nunez Gallegos. “I know it’s going to take a long time, it’s been a long time but I know these things don’t work on an overnight basis. But we want to see justice done.”

Now, Nunez Gallegos said they're leaving it up to court.