Published Friday, 27 July 2012
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The Public Prosecution Service has written to the Chief Constable asking the police to re-investigate the killing of 15-year-old Daniel Hegarty in 1972.
But, his family fear the PSNI is not fully committed to the case.
The police have warned that any investigation must be balanced against their current workload of live cases and the increased number of legacy cases.
Next week marks the 40th anniversary of the teenager's death. He was killed during the bloodiest year of the Troubles.
The teen suffered two gunshot wounds to the head after a soldier opened fire in the Creggan Estate on 31 July, 1972 during a major army operation to clear republican no go areas in the city.
His sister Margaret Brady told UTV that on the day of his death, he had simply gone out to look at the army's tanks - not to do any harm.
However, he was fatally shot and his cousin injured.
His family fought for decades to clear his name and in December 2011, the inquest into young Daniel's death found that the soldier who killed him opened fire without warning.
The jury found that Daniel had posed no threat - and that soldiers made no attempt to administer medical attention to him or his cousin.
The initial investigation into the death was conducted by the military - not the police - and was found to be flawed and inadequate.
'Soldier B' - the soldier who killed Daniel - said in his account that he had shouted three warnings at him before opening fire.
At the end of the five day inquest in December, this was rejected by the jury.
The Hegarty family want 'Soldier B' prosecuted.
Ms Brady told UTV: "Ten jurors didn't believe the soldier.
"It's there in black and white - what more do you need."
Daniel's surviving siblings say no matter what the cost they deserve a full investigation and for the person who pulled the trigger to be prosecuted.