Three years after Marquise Jones was shot and killed by a San Antonio police officer as Jones ran from the scene of a fender bender at the Chacho's and Chalucci's restaurant on Perrin Beitel Road, Jones’ family resolved a lawsuit against the restaurant in a confidential settlement.

Chacho’s, which first settled with the family in 2015, was again made a defendant in the case earlier this year for allegedly refusing to hand over indoor surveillance video from the night of the shooting.

Daryl Washington, a lawyer for the Jones family, declined to provide specifics of the Sept. 8 settlement. He said the family chose to settle with Chacho’s so they could focus on appealing the verdict of a separate civil wrongful death lawsuit involving the city of San Antonio.

“Our focus is on the appeal,” Washington said. “We needed to move forward.”

John Engvall Jr., a lawyer for the restaurant, did not respond to a request for comment about the settlement. In court documents, the restaurant has denied any wrongdoing.

The case stems from a Feb. 28, 2014, officer-involved shooting. Officer Robert Encina, who was working as an off-duty security guard for Chacho’s, shot Jones in the back as Jones, a passenger in a car, ran away after a fender bender in the drive-thru lane.

Encina, a six-year veteran of the SAPD at the time of the shooting, said Jones brandished a gun as he ran, and that Encina feared for his life.

SAPD’s internal investigation of the shooting found Encina was justified in using force. A grand jury declined to indict him on any criminal charge.

Jones’ family, meanwhile, has maintained that Jones did not have a gun that evening and that the gun was planted at the scene in an alleged cover-up. They said Jones ran away because he was on probation and was nervous about getting in trouble.

A couple months after the shooting, Jones’ family filed a lawsuit against the city of San Antonio, claiming Encina used excessive force against Jones and that the police department’s training on use-of-force policies was inadequate.

It also claimed that Encina had a reputation for harassing customers, but Chacho’s did nothing to stop him.

In 2015, the two parties settled in an undisclosed deal. Chacho’s was again made a defendant in the lawsuit earlier this year for allegedly refusing to hand over indoor surveillance video from the night of the shooting.

Meanwhile, a federal jury decided in April that Encina and the city of San Antonio were not civilly liable in Jones’ death.

A federal judge denied a request last month for a new trial. Washington said the family intends to file an appeal soon against the city of San Antonio in the Fifth Circuit Court of Appeals.

eeaton@express-news.net

Twitter: @emilieeaton