An attorney for Marques Jones, the 23 year old man who was shot and killed by San Antonio Police in a disturbance in the drive through lane of Chachos Restaurant on Perrin-Beitel in February says a new autopsy report proves police used excessive force, Newsradio 1200 WOAI's Michael Board reports.

  Jones was shot by a police office while he was walking away from a fender bender accident in the drive through lane.  He was confronted, and then shot, by an officer who was off duty, but in uniform.

  "There is no reason why this officer should not be arrested for the death of Marquis," attorney Daryl Washington said.  "There is no reason, no justification whatsoever."

  The officer involved in the accident is on administrative leave, but remains on the police force.

  A police report indicated that Jones pulled a gun during the confused situation, and a weapon was recovered not far from Jones' body.

  Washington says the autopsy proves that Jones was shot in the back, meaning he was no threat to the police officer when he was shot.

  "There are two eye witnesses who both state that at the time, Marquis was headed toward the street, and he was no threat to officers or anybody else around," Washington said.

  No charges have been filed in the case.