Family of Devonte Ortiz asking county to remove bail option for accused killer

Memories are all that are left with Kristina Ortiz. Her 19-year-old son Devonte was shot and killed in the early morning hours of July 4. Austin police say 41-year-old Jason Roche killed Ortiz during an argument over fireworks.

"There's nothing that'll happen that'll make my baby come back. He was my everything," said Ortiz.

On that morning, Roche told Ortiz to stop using fireworks because they were bothering him and his service dog. Police say both of the men left to grab guns. Ortiz allegedly placed the gun next to himself, on the ground. Police say then, Roche's father jumped in the conflict, Ortiz pushed him to the ground, and that's when Roche shot Ortiz in what he says was self-defense.

"He was big enough to tackle my baby, but instead he took his life, in front of his house," said Ortiz.

Since authorities say Ortiz was backing away from the gun, Roche was charged with murder and sits in the Travis county jail on a $250,000 bond. Activists, who gathered at the justice complex Tuesday, and the family demands he not be allowed to bail out.

"Bail is set by the court, if the defendant seeks to be released on that bail they have to go to the judge to get that approved,” said Margaret Moore, district attorney for Travis County.

Moore said her office has been involved and in touch with the family since the beginning and they are doing all they can to make sure justice is served

"In this case, I realize there are some strong emotions about it, but the criminal justice system is working as it should. We have every reason to believe it will continue to do so. Our duty is to seek the truth and pursue appropriate charges. In this instance, the Austin Police Department and D.A.’s office worked very hard together and filed appropriate charges."

Moore says the office will present the case to a grand jury in October. 

"I just want justice for my baby,” said Ortiz.