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      Family of would-be burglar killed by Edinburg restaurant owner plans civil suit

      Family and friends of the late Gilbert Medina, Jr admit he is guilty of a lot of things.

      They said he was a drug addict, a panhandler and a bad father. "My heart just breaks because Medina was part of the family, part of our hearts," Victoria Gutierrez, Medina TMs cousin said.

      They do not believe he deserved to die last March, when he tried to burglarize the Pumpjack restaurant off Monte Cristo road in Edinburg. "Not to kill a person...I don't think it's worth it," Catalina Ozuna, Gilbert's mother said. "I don't think it's worth it to kill a person. He can shoot him in the leg and let him go. The police are going to look for him." The business owner who shot Medina four times will not face criminal charges, according to Hidalgo County District Attorney Rene Guerra. A Grand Jury did not find enough evidence to indict Raymond Rojas who is currently out of town and could not be reached for a comment on the case. His wife Esperanza Rojas did speak to Action 4 News at the family's restaurant. She told Action 4's Ryan Wolf that her 73-year-old husband has been going through a lot of stress since the fateful day. Esperanza did not want to appear on camera, but she did add she feels sorrow for Medina TMs mother who lost her son. When asked if she would tell her husband not to pull the trigger, if he could do it all over again, she responded "yes." That does not mean she is not standing by her husband, who she believes had been pushed to a breaking point after repeated burglaries. Medina TMs cousin, Victoria Gutierrez, can understand someone wanting to protect their livelihood, but she believes the restaurant owner went too far by waiting for an intruder to kill. "He would have been a hero if maybe he would have shot my cousin once or on the foot and had called the police or something but instead he decided to be a murderer," she said. Catalina Ozuna plans to file a civil suit. "I pray to God that somebody will hear me and come for me," she said. "A good lawyer that can fight this case. I don't want money. I want justice," Ozuna said. The mother of five said a piece of her heart is gone.

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