A Tarrant County grand jury declined to indict Ed McIver Jr. Wednesday in connection with the shooting of Fort Worth police officer Matthew Pearce, but the district attorney immediately refiled the same charges.
McIver Jr. was arrested and charged with attempted capital murder and possession of a controlled substance following a shootout with police that left his father dead and a Fort Worth police officer critically wounded in March of this year.
McIver's attorney, Brian Walker, said it was unfair for prosecutors to essentially ignore the grand jury's decision.
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"I've been an attorney for over 12 years and I've never dealt with this happening," he said. "I think they know in their heart of hearts that Ed McIver Junior did not fire a weapon at all."
A Fort Worth police spokesman said the department disagreed with the grand jury's decision and supported District Attorney Sharen Wilson's decision to refile the case.
"To say the officers of the Fort Worth Police Department are disappointed in the grand jury's decision is an understatement," Sgt. Marc Povero said. "We believe the acts of Mr. McIver should be heard in a public forum before a jury of his peers."
A spokeswoman for the district attorney, Samantha Jordan, said prosecutors believe McIver's case should go to trial.
"We believe strongly this case should be prosecuted, and will present the case to the next grand jury," Jordan said. "It is not acceptable to fire on police officers acting in the line of duty."
McIver Jr. was with his father, 43-year-old Ed McIver Sr., on March 15 as he tried to elude a fugitive task force. The elder McIver was wanted on two aggravated assault charges and for jumping bail. Officers attempted a traffic stop to take him into custody, but he refused to surrender and led police on a short chase that ended with he and his son on foot and engaged in a gun battle with police that left him dead and Pearce critically wounded.
McIver Jr. was captured in a wooded area hours later, armed with a rifle.
Officials have not said who shot officer Pearce, and Walker said there's no evidence that McIver Jr. fired a single shot.
McIver Jr. remained in custody Wednesday and was still being held on $2 million bond.
NBC 5's Scott Gordon and Don Peritz contributed to this report.