A local Houston man is being hailed a hero after he foiled an armed robbery attempt at a restaurant. The would-be criminal is seen brandishing a firearm, going from table-to-table demanding customers fork over cash lest they be shot. Little does this armed robber know that a ‘good guy with a gun’ is sitting near him. As the criminal turns his back to leave, the concealed carry holder unloads on the robber, killing him. The gun used in the robbery turned out to be fake.
UPDATE: Surveillance photos of the male (and his vehicle) wanted for questioning in this fatal shooting of a robbery suspect last night (Jan. 5).
— Houston Police (@houstonpolice) January 6, 2023
Know the man's ID? Call HPD Homicide 713-308-3600. He is not charged at this time.
More info at https://t.co/ldFdhIXy1g#hounews https://t.co/CIqpLEQmmM pic.twitter.com/FrL42qkjxu
He later returned the stolen cash to the frightened patrons. He left the premises before law enforcement arrived, so Houston Police are asking the public to identify the “hero” in the surveillance footage. He’s not wanted for any criminal charges, but police would like to question him about the night's events (via The Blaze):
Police on Sunday said an attorney representing the diner in question contacted the department to set up a time for the individual to come in and talk to investigators, KRPC-TV said, adding that details of the meeting are "still in the works.”
Houston police told KHOU in the station's original story that an armed man in a mask entered Ranchito Taqueria on South Gessner near Bellaire Boulevard just before 11:30 p.m. Thursday and demanded money and wallets from customers.
Surveillance video shows the crook going from table to table and taking cash; amid the robbery, two customers tried to take cover underneath a table…
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KHOU said in its broadcast that it froze the surveillance video before shots were fired but that the full video shows the robber being shot multiple times. KPRC in its video report said nine shots were fired.
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In fact, KPRC said the customer could be heard on surveillance video saying, “Come get your money.”
KPRC added that video showed the customer discovering the robber's gun is fake and throwing it against a wall in anger. Investigators told KHOU the robber's gun is a plastic pistol.
Finally, the customer walked to the door, dumped a beverage on the robber lying on the floor, and walked out.
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Thomas Nixon — a former Houston police officer and now a lawyer — told KPRC that "the person he shot was in the process of committing robbery and consequently his use of force in defense of himself and innocent third parties is completely justified in Texas. He was reasonably in fear of serious bodily injury or death.”
Nixon added to KPRC that the video shows the shooting was justified.
“It is a justifiable homicide, but the grand jury in Harris County is going to want to know all parties involved in the homicide so that they can investigate,” he also told KPRC.
KHOU legal analyst Carmen Roe told the station the shooting appears to be in self-defense but understands why police still want to talk to the customer who shot the robber.
“One of the reasons that law enforcement is seeking out this individual is to find out whether he was in fear for his life or the lives of the people around him because that’s absolutely essential to a self-defense claim under the law," Roe told the station. “If you’re justified in shooting the first bullet, you’re justified in continuing to shoot until the deadly threat is no longer there."
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Now, there might be some issues here. Yes, two attorneys attest that this is justifiable homicide as it’s clearly an act of self-defense. Still, it’s the final shots that might raise eyebrows within a local district attorney’s office that might have anti-gun attitudes. I’m not saying that’s going to happen, but the last rounds fired by the CCP holder when the robber was on the ground could lead to legal action from an overzealous DA’s office. We’ve all seen or read about the legal fallout from prosecuting attorneys, even in cases where lethal force was justified in defense of oneself or others, which is clearly demonstrated here.
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