DALLAS (CBSDFW.COM) – Garland Police investigators know who the shooter is in a road rage homicide last month, but have they made no arrest.

A pair of North Texas criminal defense attorneys told CBS 11 News Thursday, charges may never be filed.

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Francisco Pasillas, was shot and killed on August 22 while behind the wheel of his vehicle with his wife in the passenger seat.

Garland Police said surveillance video they obtained shows Pasillas throwing a bottle at the other vehicle.

Garland deadly road rage (courtesy: Garland PD)

The man in the tan pickup told police he thought the bottle, which shattered his window, was a gun shot, so he started shooting.

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Dallas criminal defense attorney Eric Puente said, “It is a legal defense to murder, to assault. A person is allowed to defend themselves.”

The driver of the pickup drove to the Rowlett Police Department after the shooting to the police station to report the incident and has been cooperative throughout the investigation, police said.

Pasillas’ family has been protesting the Garland Police Department’s decision not to arrest the driver who shot and killed their loved one.

Criminal defense attorney Mike Howard said the self defense claim is the likely reason there has been no arrest.

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“What the person who fired the shot believed, and they thought if they were under threat, that will be the ultimate question,” said Howard.