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The customer who foiled a robbery by shooting and killing an assailant at a Taqueria in Houston, Texas last week is to be referred to a grand jury to decide if he will face charges according to law enforcement.

The Houston Police Department stated that the 46-year-old armed patron whose identity has remained confidential was questioned with his attorney present on Monday, The Daily Wire reported.

The robbery suspect killed in the incident was identified by Houston PD as Eric Eugene Washington, 30.

Houston Area Officer Shot In Face As Shooting Suspect Killed In Firefight

In a Monday statement, the Houston PD explained that the customer who shot Washington hasn’t been placed under arrest.

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Police officers who responded reported, “Officers were dispatched to a shooting call at the restaurant at the above address and observed an unknown black male in all black clothing, a black ski mask, and black gloves had been shot multiple times inside the business.  Paramedics pronounced the male, later identified as Eric Washington, deceased.”

The officers added,

“Witnesses told officers the suspect entered the restaurant and pointed a pistol at patrons as he demanded their money.  As the suspect collected money from patrons, one of the patrons, described as a white or Hispanic male, produced a gun of his own and shot the suspect multiple times.  The shooter collected the stolen money from the suspect and returned the money to other patrons.  He and other patrons (victims) then fled the scene.”

Nathan Beedle with the Harris County District Attorney’s Office directed KHOU-TV reporters to the Texas penal code regarding the particular instances of “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 told reporters. “Whether someone uses deadly force in the situation, that is presumed to be correct under Texas law.”

Houston PD Lt. Wilkens revealed to KHOU-TV, “The robbery suspect came into the store and was wearing masks and gloves,” Wilkens said. “He had a plastic pistol possibly an aero soft or possibly a little BB pistol.”

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