Nicole Harbour, mother of 16-year-old Justin Hernandez, who was shot and killed during the early morning hours of May 29, said she has contacted the Texas Rangers to assist in the investigation of her son's death because she feels the investigating agency — the BSPD — is mishandling the case.

“We're very angry. First you're sad and you're grieving, but we're not going to have any type of resolution until these people are picked up,” said Harbour. “It just doesn't seem to me that this is of much importance to the police department or the district attorney's office ... It took the police five days before they went back out to the scene and looked for shell casings and other evidence. And it took longer than it should have for police officers to get on the scene. They are always patrolling that neighborhood closely, but it certainly seemed like it took them longer than it should to get there. I just don't feel like this is very important to them.”

Justin Hernandez, 16, was pronounced dead shortly after 10 a.m. May 30 at a Lubbock area hospital, according to Sgt. Tony Everett, public information officer with the BSPD. According to police records, Hernandez and a second victim, later identified as 17-year-old Richard Pineda of Big Spring, were shot at a residence in the 1600 block of Cardinal shortly after midnight.

Harbour said she has contacted the Texas Rangers and is in the process of setting up a meeting with the agency in hopes of moving the case forward.

“Apparently, everyone in town knows who did this,” said Harbour. “All of Justin's friends, just about everyone knows who did this. I know the police have typed up a warrant ... but my understanding is the district attorney's office is not cooperating with them. Hardy (Wilkerson, district attorney) deems it insufficient evidence to move the case along. And here it's been two weeks and they have 34 statements and witnesses, and they (law enforcement) still haven't done anything.

“It's a lot like the murder that happened Monday. That guy is already locked up and in jail. Why? Because he turned himself in and they (the police) didn't have to go and do any work. Never, even once, has the police department called me. From day one, I've always had to contact them to see what's going on. They have never contacted our family, not mine or my ex-husband's family. I feel like if it doesn't just come to the police, they aren't going to seek the information.”

Wilkerson would not comment directly on Harbour's allegations.

“The investigation has limited the number of suspects, but it's not at the point that it's ready to be presented to the grand jury,” Wilkerson said. “I feel that good work has been done by the police so far, but there's still significant work yet to be done.”

Preliminary investigation into the shooting revealed that a fight involving the two teenagers and several others had occurred earlier in the evening, according to police officials. Harbour said Hernandez was not directly involved in the fight police described.

“There were several fights that night, one between some females who later brought back some male friends,” said Harbour. “When they brought them, there was another fight, and not everyone that was at the party was involved in the fight. My son wasn't involved in the fight. After that, the people that came back to the party left again.

“The kids were playing football in the street and someone drove by and swerved at them like they were going to run them over. The vehicle took off, and not more than five minutes later it came back and did the same thing. This time, though, it stopped at the end of the road. The kids in the street thought they had come back to fight again, and that's when this person got out (of the car) and started shooting.”

Police have not identified a suspect in reports to the media, and according to BSPD Chief Lonnie Smith, details surrounding the investigation will not be discussed at this time.

“I will not discuss this,” said Smith firmly. “We will continue to investigate this case.”

Smith declined to comment on Harbour's allegations the police department was slow to respond to the scene of the shooting and waited several days to investigate the crime scene.

Harbour said she feels like the police department is treating the death of her son as just “another Mexican kid that got shot.”

“I read the paper online, and there are people who are posting comments asking where the parents of the 16-year-old were, and why was a kid his age there that late,” said Harbour. “My son hung out with that family almost every weekend. This isn't just some thug off the street that got shot. This kid had a family that loved him. He was very loved. They are just treating it like they were a bunch of thugs, and he's just another Mexican kid that got shot. This is how I feel.

“People are trying to trivialize this like these kids were a bunch of gang-bangers. These kids didn't carry weapons. Sure, they got into a lot of fights, but it was because my son was a protector. He was the kind of kid that if you couldn't fight a fight and someone is going to mess with you, let's take care of this. He never had a gun. He didn't even carry a pocketknife.

“The only way this is going to be resolved is if people who know something come in and give a statement,” she added. “That's the only way they are going to arrest the person who did this.”

Anyone with information regarding this crime is encouraged to contact Big Spring Area Crimestoppers at 264-TIPS (8477), 263- TIPS (8477), or the BSPD at 264-2550.

Contact Staff Writer Thomas Jenkins at 263-7331 ext. 232 or by e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it