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.

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“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.

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“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.

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Hernandez is being held without bond.