DENVER (KDVR) A Lakewood mother is getting an update months after her son was killed in a Denver jail.

A press release, dated June 30, shared the Denver Police Department’s announcement of the arrest of 38-year-old Rick Roybal Smith for a homicide that occurred in the Downtown Detention Center. June 30 is the same day Vincent Chacon’s family said his girlfriend got a text that he had been released from the same jail.

“So, from our understanding, we thought that they released him, but that really meant that that was actually when he passed away; we didn’t know that,” said Holly Dock, Chacon’s sister. “We didn’t know that because we didn’t know until Tuesday (that he died).”

Now piecing together and understanding what this meant, local affiliate KDVR asked how the family feels.

“Betrayal in so many ways,” said Angela Herndez, Chacon’s mother. “First, she said that it was a homicide. And I was like, wait, what? And then she was like, ‘Oh, they didn’t tell you?’ And we’re like, ‘No’. They said, ‘He choked on an apple.’”

“This sequence in which the information was relayed was just completely out of order,” Holly said. “From the time when my mom was called, the fact that it was a day later, to the time of then saying how it happened, like everything was out of order. And that’s why this whole processing thing. It’s just been like so hard to grasp because nothing has been straight. No straight answers, black and white. There’s a lot of gray.”

In this dark, gray period, family tells KDVR, Chacon’s body has been at the medical examiner’s office.

“So, within those three months, we’ve not heard anything until last Monday when the medical examiner, coroner, called and said they were ruling that a homicide,” Hernandez said.

KDVR reached out to the office of the medical examiner, which shared the following information:

According to DPD on Thursday, the homicide is still under investigation. No arrests have been made and there are no updates available for release at this time.

Roybal-Smith, the man DPD initially announced they arrested on suspicion of first-degree homicide in this death, is currently facing two murder charges for deadly stabbings in Aurora the day before Chacon’s death. On June 30, the Denver police release said Roybal-Smith was in jail on a DUI and the two shared a cell. 

“We was in a cell with my son, so he didn’t even go to detox,” Hernandez said. “Justice don’t stop with my son and this monster being charged. Justice happens when things change and stay changed.”

KDVR asked the family about what accountability they want to see.

“Denver City Jail, the parole board, case managers for not monitoring the way they rate their, how they classify parolees before they get out. Officers that do intake,” said Hernandez.

“Someone was in charge that night,” said Titus Dock, Chacon’s father. “Where were they? What happened? When you are on your shift, you have to make sure everything is being done properly, according to protocol, and when that doesn’t happen, this is what ends up.”

KDVR asked the sheriff’s office and the Denver Department of Public Safety a series of questions in July. We re-asked these questions with this new update about the homicide ruling.

On Thursday, KDVR received the following statement from the Denver Sheriff’s Department:

“We extend our heartfelt condolences to the family of Mr. Chacon. As this matter is currently under investigation by the Denver Police Department and a review by the Denver Sheriff Department Public Integrity Division, we are unable to provide additional comment at this time.”

Denver District Attorney’s Office tells KDVR the team is continuing to investigate this case and consider charges.

Family is now preparing to receive Chacon’s body and bury him. They have created a GoFundMe to help with this process.