Attorney Robert Hilliard said Sunday that there is no evidence that Sergio Hernandez-Guereca threw rocks at agent Jesus Mesa Jr. from Mexico before Mesa fatally shot him.
The U.S. Department of Justice said Friday there was insufficient evidence to pursue charges.
U.S. authorities say Mesa shot the boy while trying to arrest illegal immigrants crossing the Rio Grande near El Paso. The shooting was captured on cellphone video.
A Texas judge last year dismissed a wrongful death lawsuit against the U.S. government but allowed the lawsuit against Mesa to proceed.
