AUSTIN, Texas (FOX 7 Austin) - Eric Allen's family is not done fighting for justice.
According to an arrest affidavit, King called 9-1-1 after she accidentally shot Allen in the chest.
King said Allen asked her to take a picture holding an assault rifle. She gave Allen her cellphone and “had the rifle pointed towards Eric and that the rifle went off.”
Investigators say King told them, "I didn't even pull it, I just barely touched it."
During the investigation, officers examined King's phone and found a 16-minute video recorded before the shooting. It shows the two arguing about cheating on one another.
The Austin Police Department also took a second look at the gun and conducted five tests on the five-pound trigger pull and stated that it functioned properly. Whether King knew the gun was loaded is uncertain.
Allen’s brother Ernest said his family is resting a bit easier now that the person responsible for his brother’s death is behind bars but he wants law enforcement and the District Attorney’s Office to place a higher criminal charge on the table.
"It feels intentional. I feel she intended to kill my brother…to me all the evidence is there like there is no way this could've been an accident," Ernest Allen said.
"I believe she deserves a more severe punishment then just manslaughter. It's sad to say because that's my nephew's mom. Now my nephew may not have any parents," Ernest Allen adds.
The District Attorney’s Office said they are reviewing the case.