Posted on 01/10/2023 12:45:42 PM PST by thegagline
A grand jury will decide whether an armed taqueria customer, who shot and killed a robber last week in southwest Houston and is now being hailed a hero, will be criminally charged.
Investigators said the 46-year-old customer, who police have not identified because he's not under arrest, turned himself in and is cooperating with detectives.
The 46-year-old's attorney sent Eyewitness News the following statement:
"My client, who wishes to remain anonymous, was dining with a friend at El Ranchito Taqueria and as it has been seen on video, a robbery suspect entered the restaurant, and pointed a weapon at my client and the other customers demanding money. In fear of his life and his friend's life my client acted to protect everyone in the restaurant.
In Texas, a shooting is justified in self-defense, defense of others and in defense of property. The customer has met with the Harris County District Attorney's Office and Investigators with HPD homicide. He fully intends to continue cooperating with the ongoing investigation.
When the investigation is complete, this case will be presented to a Grand Jury. We are confident that a Grand Jury will conclude that the shooting was justified under Texas Law. This event has been very traumatic, taking a human life is something he does not take lightly and will burden him for the rest of his life. For that reason, he wishes to remain anonymous. Due to the overwhelming coverage, we ask the media and the public to respect his privacy."
University of Houston Law Center Professor Sandra Guerra Thompson said even if he is indicted, a jury likely would not convict.
"When a person uses force during an armed robbery, they have very heightened protection under the law," Thompson explained. "I know that there are a lot of questions about the use of a gun because it wasn't a real firearm, but that really doesn't make a difference because it was used as a firearm and a person would reasonably believe that they were facing an immediate threat of deadly force."
The suspect can be seen on video taking control of the taqueria and pointing what looks like a gun at customers.
Suddenly, one customer starts shooting, even moving closer to the suspect as he keeps firing shots.
He puts what looks like the customers' stolen money back on the table, then appears to realize the suspect's gun wasn't real.
***
On Monday, the medical examiner identified 30-year-old Eric Eugene Washington as the robbery suspect who was killed.
Records show Washington had an extensive criminal history and was out on bond during the would-be robbery.
Records show that in 2015, Washington was convicted on a lesser charge of aggravated robbery with a deadly weapon and sentenced to 15 years in prison in connection to the shooting death of 62-year-old Hamid Waraich, a cell phone store owner. Houston police also charged two other men.
According to records, Washington was released on parole in 2021 and charged with assaulting his girlfriend in December 2022. ***
Q: Why did you shoot him in the back?
A: Well, Your Honor, his back was TO me.
I second that notion.
“but you can’t pick up the dead offender’s gun WHILE shooting him in the head.”
Well apparently you CAN indeed.
Unfortunately it’s in Houston, democRAT ran city. The old white guy might get put away for shooting a dindu-nuffin. I would vote not guilty if I were on the jury.
THEN picked up the assailant’s gun and a second afterwards shot one final bullet into the assailant’s head. That’s what is going to get him prison.
You might not be aware, but Texas is quite different than Japan. It’s a cultural thing. He’s not going to see the inside of a prison.
Even worse, the man was down and thus a much-diminished threat even though apparently still armed. The strongest point for the defense is that standard shooting protocols against an armed attacker assume that a lethal menace continues to be present until the attacker has surrendered, is dead, or is not moving AND his weapon is secured. On that basis, even the final shot might be justified — assuming the jury is mostly composed of male Texans with a rural background.
Looks like a compact .380, possibly a mini-9. Not a cannon.
Plenty of cases where somebody was shot multiple times with a .380 or .38 sp and was still able to return fire.
"I thought I saw him reach for the gun, so I shot him again."
ISN’T IT OBVIOUS THAT IN ALL THE EXCITEMENT AFTER HE PICKED UP THE PERP’S GUN HE THOUGHT HE SAW THE GUY MOVE, PERHAPS TO GRAB A BACKUP GUN, SO HE SHOT HIM IN THE HEAD? EXPLAINS EVERYTHING. WHO CAN PROVE THAT WAS NOT HIS PERCEPTION? WORKS FOR ME.
You only need one not guilty. And it might not be some old white geezer from the ranch. Could be a hispanic who has been a crime victim. Could be some woman who watches him protect that waitress.
You just need one.
The New United States of America, the turd-world Mitthole north of the southern border.
He owned a very old and distinctive truck and was recorded getting into it. It probably wouldn’t take the police too long to track him down.
Better to go in perhaps than to have to answer questions like “So how come you ran?”
Sounds like he brought a lawyer with him so that was wise.
JUST CAUGHT UP ON THE POSTS. LOTS OF SMART FOLKS HERE! AND A FEW REAL DUMMIES!
“IT’S COMIN’ RIGHT FOR US!”
Well, I feel like an idiot for not reading the entire thread before posting.
A person can train to fire solely to the head and defend themselves that way, although most trainers advise initial rounds to center mass for more certainty of a hit. A retired Chicago policeman was in several firefights before training for and using head shots after previous incidents with ineffective body hits.
Some criminals haven’t stopped fighting easily after being hit to the body, especially some of those under the influence of strong stimulants. The brain is larger than other parts of the central nervous system, although none are easy to hit in a terrifying situation.
But the way the defender in the taco restaurant approached the robber for the last round looked pretty bad. On the other hand, maybe there was a reason for it that we didn’t see or hear while watching the video.
It appeared from the video, that the robber didn’t try to run until he was being hit from behind. Until then, he appeared to be marching back and forth while threatening the customers.
He was not retreating.
If you view the video closely you can clearly see that the perp was pointing his firearm at the customer in the left corner when the defender opened fire.
He was justified using deadly force at that time in defense of another.
Prolly a good idea to turn himself in once the police announced they wanted to talk with him. And the security video footage shows him pretty well.
At least never talk to the cops without your lawyer present. In my CC class I was taught that once the bad guy was down and no longer a threat (use that language), put down your gun, ask others to stay as witnesses, and call 911. Tell them that the threat is under control. I would add that I would ask anyone with training and a gun to control the doors.
You are under no legal obligation to cooperate with the police. Moreover, if you do call 911, the cops will take your gun. It is better to just walk away.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.