The Justice4Xavier movement is taking its call for answers to Austin after El Paso County District Attorney James Montoya told Xavier Hernandez’s family and LULAC leaders that the case will be presented to a grand jury.

The confirmation came during a private meeting on Oct. 2, according to a press release from Texas LULAC. It means the case will be presented for review; it does not mean a grand jury has indicted anyone, that criminal charges have been filed or that the review is complete.

Hernandez, 30, died July 13, 2025, after an encounter with El Paso police on Interstate 10.

The El Paso County medical examiner ruled his death a homicide, saying he died of asphyxia caused by chest compression during law enforcement restraint. A homicide ruling is a medical determination and does not establish criminal liability.

At an Oct. 1 courthouse news conference, LULAC leaders called for transparency about the investigation.

VIDEO: El Paso police release body cam footage in I-10 incident that led to man’s death (credit: El Paso Police Department)

RELATED: LULAC rallies at El Paso courthouse seeking answers in Xavier Hernandez death

Montoya’s statement, read at the news conference, said his office had received investigations from the El Paso Police Department and Texas Rangers and that the case would go to a grand jury.

Hernandez’s family has raised questions about the use of force, restraint and circumstances surrounding his death.

The family filed a federal civil rights lawsuit in January against the city, the police department and several officers. The lawsuit’s allegations have not been adjudicated.

The rally, called “Justice for All,” is scheduled for Sunday, Oct. 18, on the south steps of the Texas State Capitol in Austin.

Organizers say it will bring together families affected by law enforcement use of force, including people who suffered serious injuries or died.

A pre-rally is scheduled for 11 a.m. Central time, followed by the rally kickoff at noon.

The Justice4Xavier team says it plans to call on local, county and state officials to work with affected families and civil rights groups on police reform.

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