On Wednesday, the Bexar County Grand Jury decided not to indict Wyatt Rushing for shooting and killing Michael Moriarty, according to court documents.
Moriarty’s sister, Natalie Benette, says that the decision let her brother’s murderer get away without prosecution.
Moriarty,19, was shot several times on December 18, 2016 at Olmos Park, where a jogger found his dead body.
More than five months later, in May 2017, police arrested Rushing for Moriarty's murder.
The arrest came shortly after Benette found Facebook messages that indicated Rushing may have been with Moriarty on the day that he was murdered.
Benette said Moriarty and Rushing grew up together and had been best friends but that the text messages she found showed that they were having a fallout.
According to Benette, all the evidence indicates Rushing killed her brother.
“He got caught with a gun back in February. They sent it off for ballistics testing and it came back as an exact match,” described Benette, who added that a police officer also ran Rushing’s license plates at the park moments after her brother was murdered. “He had the gun and he threatened to kill him, we have the Facebook messages, his car was in the park. What else do you need other than to physically watch him do it?"
According to court documents, the investigation remains open in case new evidence is recovered.