An Omaha woman is mourning the death of her boyfriend, a suspected burglar shot and killed by a business owner over the weekend. She believes that business owner should be charged with a crime.

Police say Jesus Franco broke into the business near 24th and I streets around 4:30 a.m. Saturday, struggled with the owner and then ran from the scene after being shot. Police found Franco dead a few blocks away, alone in his car.

Lynn Pecha is overcome with grief. Franco's girlfriend does not believe the story. “It's not right, he didn't have no weapons on him, the cops never found weapons and the guy said he had a knife. There was no knife.”

Lynn's mother agrees that charges should be filed against the business owner.

"The scenario was he broke into the business, doesn’t give a person the right to shoot somebody, especially if you don't see a weapon,” said Deana Arellano.

“Then no weapon was found, doesn’t give you the right to shoot somebody. There are laws against that and I think there needs to be a full investigation.”

Lynn and her mother say Franco was a good person, not a criminal, not a thief and he was coming home that morning. He was just in the wrong place at the wrong time. “We need the truth, that’s all we want, the truth,” says Pecha.

When was the last time she saw him? “Friday night he called me and asked what was for dinner. I was at the Wal-Mart. He never came home.”

The Douglas County attorney is investigating the shooting and will decide if charges will be filed against the business owner. Police are not releasing his name. Channel 6 News did try to talk to him on Monday, but he declined to be interviewed.