HOUSTON (AP) — A grand jury will determine whether a Houston restaurant patron will be charged after fatally shooting a man who pointed a gun that appeared to be real at customers and took their money last week. .
After the shooting late on January 5, police asked the public for help in identifying the man who shot the robber with a plastic gun because he left the restaurant before police arrived. By Monday, police said they had questioned the 46-year-old and, after consulting with prosecutors, decided the shooting would go to a grand jury. Police said they were not releasing the man’s name because he had not been arrested or charged.
In Texas, anyone 21 years of age or older is allowed to carry a handgun in public without a license, background check, or training. According to the Gifford Law Center for Gun Violence Prevention, more than 30 US states allow people to openly carry a gun without a license or permit.
Witnesses told police that a man later identified as 30-year-old Eric Eugene Washington entered the restaurant wearing a ski mask and gloves and pointed what looked like a gun at the patrons, demanding money. Then, according to the police, one of the visitors took out a gun and shot several times at Washington. After Washington was shot, the client removed the stolen money from Washington’s body and returned it to other clients before leaving the scene.
Police said investigators found the suspect had a plastic handgun.
Former prosecutor Joanne Musick also told KHOU that she views the man’s actions as self-defence, but was not surprised that the case would go to a grand jury. She said that this would not be a case that the DA would take over over the phone or review the evidence and press charges.
“That means it’s too close to call,” she said.
A spokesman for the Harris County District Attorney’s office said in an email Tuesday that the case is “somewhat unusual,” so prosecutors “deem it appropriate to present it to a grand jury as soon as possible to determine whether a criminal case is warranted.”
Houston Police Detective Jeff Breeden told KHOU it’s important to remember that even if someone legally carries a gun, taking matters into your own hands can have consequences. For example, according to him, an innocent person can also suffer.
“You are responsible for every bullet fired from this gun,” Breeden said.
Thomas Nixon, an attorney and former police officer, told KPRC that video of the restaurant shooting helps show that the client’s actions were justified.
“The man he shot was committing a robbery, and therefore his use of force to protect himself and innocent third parties is fully justified in Texas,” Nixon said. “He reasonably feared serious bodily injury or death.”
Court records show that Washington and two others were arrested for armed robbery in 2013 when a man was killed. Washington was found guilty of aggravated robbery with a deadly weapon and received 15 years in prison.
Washington served nearly six years in prison before being released on parole in January 2021, according to the Texas Department of Criminal Justice.
Last month, he was charged with assaulting a family member and grabbing and scratching his girlfriend. At the time of the shooting in the restaurant, he was released on bail.
