A Texas grand jury is weighing whether to criminally charge a Houston taqueria diner who fatally shot a robber last week.
The 46-year-old customer turned himself in and is cooperating with the investigation, the Houston Police Department said on Monday. The man has not been named because he was not arrested and has not been charged with a crime.
The incident occurred inside the Ranchito #4 Taqueria around 11:30 p.m. last Thursday when Eric Washington, 30, entered the restaurant with a gun and demanded the cash and wallets of all patrons, police said.
According to the New York Post, surveillance footage from the establishment shows customers hiding under tables as the masked and gloved Washington, wearing all black, walks around grabbing their money.
The 46-year-old man then stands up from a booth, pulls out his own gun and shoots Washington as he heads for the exit.
The wounded thief collapses and the armed diner shoots him again at point-blank range, according to the video.
The Good Samaritan then returned the stolen money to their owners before fleeing the taqueria.
Paramedics pronounced Washington dead at the scene. According to the Post, police later determined that the gun in his possession was not real.
The 46-year-old man’s attorney released a statement to ABC 13 defending his actions after police issued a public plea for the armed customer to come forward so they could interview him.
“In fear of his life and his friend’s life my client acted to protect everyone in the restaurant,” the attorney wrote, noting that in Texas, “a shooting is justified in self-defense, defense of others and in defense of property.”
The unidentified man has since met with police homicide detectives and with Harris County District Attorney’s Office prosecutors.
The case will be presented to a grand jury once the investigation is complete and the man’s attorney expressed confidence that “the Grand Jury will conclude that the shooting was justified under Texas Law.”
Describing the incident as “traumatic” to his client, the lawyer said that “taking a human life is something he does not take lightly and will burden him for the rest of his life.”
Records indicate that Washington had an extensive criminal background and was free on bond at the time of the fatal robbery.
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