Police reports say Gonzales returned to the home after 2 a.m. and assaulted his estranged girlfriend and her 16-year-old daughter. Fearing for their and a newborn's lives, she opened fire killing Gonzales.
Gonzales' sister, Michelle Gonzales, says this sequence of events was planned. She says the fighting was normal behavior for the pair, but her brother did not need to be shot and killed. Michelle says all the girlfriend needed to do was to call the police again.
A check of police records shows officers had visited the home 12 times just this year. Gonzales says this case should have ended with another call to police and she will continue to seek justice her brother.
Police say they do not expect charges to be filed in the case.
KTAB news has tried to contact the victim in this case, but her family says they just want to put this incident behind them. Gonzales' family says Ernest lived in the home with his girlfriend and the newborn baby was his.