HOUSTON — A new video shows the moments after a customer shot and killed a robber at a southwest Houston taqueria last week.
In the video, you can see what it was like for the customers as they left the restaurant last Thursday. The customer who shot the robber is also seen getting into a truck and leaving the restaurant.
What happened
The incident happened just before 11:30 p.m. Thursday at Ranchito Taqueria on S. Gessner near Bellaire Boulevard.
Police said an armed man in a mask entered the restaurant and demanded money and wallets from the customers. As he was leaving, one of the customers pulled out a gun and shot the suspect several times.
After the shooting, that same customer collected the stolen money from the robber and returned it to the other patrons, police said.
According to authorities, the rest of the people in the restaurant left the scene before the police got there.
Police later said the robber didn't have a real gun.
“The robbery suspect ... came into the store and was wearing masks and gloves,” HPD Lt. Wilkens said. “He had a plastic pistol, possibly an aero soft or possibly a little BB pistol.”
No one else in the restaurant was injured.
Wanted for questioning
HPD had been looking for the man who was seen on surveillance video shooting the robber, later identified by HPD investigators as 30-year-old Eric Eugene Washington, ever since it happened.
After the shooting, the customer left the scene. Authorities immediately said they wanted to talk to him to get his side of the story.
On Sunday, an attorney claiming to represent the customer said his client reached out to HPD and said he was ready to talk. On Monday, the man spoke with investigators. Authorities said the 46-year-old man was questioned by homicide detectives. He was not arrested or charged and his name was not released.
HPD said the case will be referred to a grand jury to determine if charges are warranted.
Police are also hoping to question any customers who were at the restaurant that night. Anyone with information about the shooting is asked to call Houston police.
Restaurant hit again
The owner of the restaurant said the attention brought on by the deadly shooting has not deterred criminals from targeting his business.
Sometime early Tuesday morning, the restaurant was broken into and three video poker machines were taken. The owner shared surveillance with KHOU 11 News of the incident.
The owner said he's had the restaurant for 28 years.
Washington's criminal history
According to court records, this wasn't Washington's first robbery.
In 2013, he and others were charged with capital murder after a man was killed during an armed robbery, according to prosecutors. The charge was later changed to aggravated robbery with a deadly weapon and Washington was convicted and sentenced to 15 years in prison.
It's unclear exactly when he was released, but the most recent time he was arrested was Dec. 16 when authorities said he pushed his girlfriend to the ground and scratched her. Washington was charged with misdemeanor family violence and was released on a personal recognizance bond.
Was the shooting justified?
KHOU Legal Analyst Carmen Roe said the shooting appears to be in self-defense but understands why police wanted to talk to the shooter.
“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 said. “If you’re justified in shooting the first bullet, you’re justified in continuing to shoot until the deadly threat is no longer there."
Nathan Beedle works with the Harris County District Attorney's Office. He said Texas law outlines specific instances pertaining to robbery by threat, or aggravated robbery, where deadly force is presumed justified.
"I can point you exactly where it is in the law: 9.31 and 9.32 of the penal code," Beedle said. "Whether someone uses deadly force in the situation, that is presumed to be correct under Texas law."
Roe said it didn't matter if the gun used in the robbery was fake because the threat was real.
“Everybody in that restaurant clearly believed it was a real gun," she said.
Defense attorney Nicole Deborde Hochglaube said that if the shooting is justified under Texas law, it doesn't matter how many bullets were fired.
“My takeaway is the gentleman who discharged the weapon was acting lawfully and it was his right to defend himself and the patrons in that restaurant,” Hochglaube said. “Once you are entitled to use deadly force under the law, you’re entitled to use deadly force until the threat is over.”
Former prosecutor for the Harris County District Attorney's Office Joanne Musick said she also sees the shooting as a matter of self-defense.
“This is a man defending himself and others in the restaurant. People are getting sick and tired of crime on the streets,” Musick said.