DALLAS - A criminal charge is pending against one of the two Dallas police officers who shot and killed a mother earlier this year.
Online records showed Officer Christopher Hess had been charged with aggravated assault by a public servant.
"I can't say that we were surprised because as we've always said, with the evidence that's been available in this case, an indictment was the only right thing to do," said Daryl Washington, the Dawes family attorney.
But the Dallas County District Attorney's office says there is not an indictment adding "A case does not exist unless or until charges are filed or an indictment is presented and a person is either arrested or on bond for the charge."
"I'm not sure why the district attorneys office is handling it that way," Washington said.
In January, Officer Hess and another officer responded to a call about a suspicious person in the parking lot of an apartment complex on Eastside Avenue. Records showed the car they were in was reported stolen out of Irving.
Initially, Dallas police said the woman behind the wheel ignored the officers’ commands, reversed the stolen vehicle and backed into the officers’ patrol car.
The police report said she drove forward into a fence and then backed up again in the direction of the officers, who both discharged their firearms.
However, sources told FOX 4 the dash camera video of the shooting did not fully match what was in the initial report. The video was shown to the grand jury but has not yet been released to the public.
The woman in the car, 21-year-old Genevive Dawes, was hit by multiple bullets and died at the hospital. Her male passenger, 23-year-old Virgilio Rosales, was not hurt but arrested after the incident for unlawful possession of a firearm by a felon. He’s still in jail.
Washington is also suing the city and the two officers who fired shots for excessive force. The lawsuit says Dawes was sleeping in the driver's seat along with her common-law husband Virgilio Rosales.
Family members told FOX 4 Dawes was a mother of two who was expecting a third child with Rosales, her common-law husband.
"We just want justice for Genevive,” said Rebecca Garcia, Dawes' great-grandmother-in-law. “She was only 21 and the mother of two."
An attorney for the Dawes family said the video shows she was not trying to hit the officers.
There is no indication if the officer who was involved, Senior Corporal Jason Kimple. will face any charges.
Hess still works for DPD. He was placed on routine administrative leave after the shooting.