MIAMI (CBSMiami) – Two men are facing new charges after being arrested in connection to the shooting death of a 16-year-old girl.

Police say that the two men are not the ones who pulled the trigger though.

“Being a witness to a crime does not make you a criminal,” said attorney Mario Conley Hernandez.

That’s the argument Hernandez is using in this homicide case.

His client is one of three men accused of being involved in a fight that ended in gunfire earlier this week, leaving 16-year-old Ana Alvarez Hernandez dead.

Police say Loidel Gomez-Rouco was involved.

Loidel Gomez-Rouco (left) and Mario Pedro Conley-Hernandez (right) have been charged in a deadly shooting outside the 94th Aero Squadron restaurant. (Source: Miami-Dade Corrections)

He was in court on Friday, accused of driving the getaway car.

The shooting happened around 3 a.m. earlier this week in the parking lot of 94th Aero Squadron, a popular restaurant next to Miami International Airport.

Many come to watch the planes take off.

“There were two groups of males who were fighting and we know at least one of them went to the car, grabbed a firearm and started shooting,” said Det. Argemis Colome with Miami-Dade Police.

Hernandez was hit once, the only one struck by a bullet.

Police say a friend drove her to the hospital where she later died. No one ever called police.

“I can only imagine what it is to receive that phone call that your 16-year old is dead,” said Det. Colome. “That is not acceptable.”

Hernandez and her family emigrated from Cuba in the last two years.

The teen was a Miami-Dade public schools student.

Police say the third man who fired the rifle fled to Cuba and his friends knew about it.

Gomez is being held on a $10,000 bond and if he bonds out he’ll be placed on house arrest. His passport was also taken.

Hernandez is being held without bond.

Amber Diaz

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