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ALBUQUERQUE, N.M. — The family of a man shot and killed by his West Side neighbor in March 2013 has tried, unsuccessfully, to get the District Attorney’s Office to air out all of the evidence in the case in hopes of getting charges filed against the neighbor.

The 2nd Judicial District Attorney’s Office on Thursday said a preliminary hearing will not be held in the case, which the Mitchell family and the local chapter of the National Association for the Advancement of Colored People asked for in a letter Wednesday, unless a criminal complaint is filed against Donnie Pearson, the neighbor who shot Mitchell.

Mitchell, a 23-year-old Iraq War veteran, is African-American.

State Police conducted a review of the case to determine whether any criminal charges could be filed and determined recently that none could be, a DA’s office spokeswoman said in an email.

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“In order for the Court to hold a preliminary hearing, a criminal complaint must be filed. No criminal complaint has been filed by law enforcement in this case,” spokeswoman Kayla Anderson said. “…We have met both with the family and with State Police, and it is our understanding that State Police have not found any criminal wrongdoing in this case.”

Anderson also said the DA would look at any new information about the case if it is submitted, as the office does with any case.

Harold Bailey, president of the local NAACP, said the DA’s decision to not move forward with the case is “extremely disappointing,” because his organization and Mitchell’s family believe that not all the evidence was considered and that Pearson acted negligently in shooting Mitchell.

“To close a case when there are still questions and controversy doesn’t seem like Lady Justice is shining down on this case here,” Bailey said Thursday.

Mitchell’s father, Isaac, has been outspoken against local law enforcement and the District Attorney’s Office since his son’s death but declined to comment Thursday until he decides how to proceed, Bailey said.

In March 2013, Mitchell was shot after a bizarre series of events, in which police said a neighbor saw a man brandishing a gun outside his home. The neighbor drove away and called somebody inside the home, who then called another neighbor, Donnie Pearson. Pearson told police he drove with his 15-year-old son to the neighbor’s house and Mitchell fired at them.

Pearson then said he fired back once, and the shot was fatal.

Bailey said the District Attorney and State Police did not have evidence from an Albuquerque police helicopter pilot who reportedly said Pearson had circled the Ventana Ranch block where Mitchell was repeatedly before the deadly encounter.

Anderson did not respond to a Thursday afternoon email asking if the Mitchell family could submit documents with the pilot’s testimony as new evidence or if the DA had already seen the pilot’s testimony.

State Police took a new look at the shooting this March after outcry from the NAACP and other community groups about the lack of action, and charges, against Pearson.

State Police did not respond to questions Thursday about why they determined charges were not warranted.