Update: Ryan Mattingly and Alijon Khalil pled not guilty Friday in court. They are being held on one million dollars bond. They will be back in court July 11th asking to get their bond reduced.

Family of Ryan Mattingly say Fresco did not leave the area when they told him to, which led to a fight. They say the metro officer was trying to defend himself.

Henry Mattingly says, “Ryan started getting weaker as the guy was evidently stronger, He pulled a gun out and at that point Ryan had to use what he had and pulled his gun out on him.”

Fresco’s uncle Chucky Blake says that’s not the case. He says, “Obviously that night Javon dropped me off, and I’m not getting in a car with no drugs or no guns.”

The Winnebago County State’s Attorney’s office announced Thursday a grand jury indicted the two Metro Enforcement officers who shot and killed Valentia Jovan Fresco.

Both Ryan Mattingly and Alijon Khalil now face the following charges: 1st degree murder, aggravated battery, unlawful restraint, and mob action. The Bill of Indictment indicates that Mattingly was the one that pulled the trigger killing Fresco.

Both Khalil and Mattingly are currently in custody at the Winnebago County Jail.

This stems from a shooting last April.  Mattingly and Khalil are accused of killing Fresco near the Auburn Manor housing complex in the 4100 block of Auburn Street.  Investigators said the three got into a confrontation, then a fight broke out.

Winnebago County State’s attorney Joe Bruscato says security guards and sworn officers are investigated differently during these types of cases, comparing security guards to everyday citizens.

He says, “Police officers are vested with much different authority and responsibility when it comes to enforcing the law. Security guards have no resemblance to the rights and authorities of a police officer.”