HOUSTON, Texas – A bystander who witnessed an innocent person be robbed at a Houston gas station shot and killed the suspect.
The witness was parked in front of the Chevron gas station on the corner of Ella Boulevard and Greens Parkway in the Greenspoint neighborhood of Houston early Saturday morning.
According to the Houston Police Department, around 12:37 a.m., an armed man ran up to another man pumping gas, pistol whipped the man and then stole his wallet.
“Immediately after he’s done that, the suspect takes off running as the suspect running away,” said Houston Police Department Lt. Willkens. “There’s another individual, that is not even related to our victim that’s getting robbed, and we don’t believe related to the individual that was shot, is in another car parked in front of the store.”
Watching this entire incident unfold was the witness. He then pulled out his gun and shot towards the suspect who was fleeing the scene.
Detectives say the suspect was shot in the upper body and later died as a result of the shooting.
The witness checked on the victim of the robbery and then drove away, all just over a minute. They left the scene before Houston Police arrived.
This begs the question: Did the witness do anything wrong to be charged with a crime?
“It’s like bad also and good also,” said Chris Klinsman, a clerk at the gas station. “Yeah, it’s 50-50.”
“I don’t believe they did the right thing,” Denise Kearton said. “I don’t believe they should have shot him.”
The witness, who hasn’t been identified, later spoke with Houston Police detectives. A statement from the department says the man was released.
Weighing in is Dr. David Thomas, a law enforcement expert with more than 40 years of experience on the street and in the classroom.
“He pistol whipped somebody and robbed, he takes off running that, that means that everybody that he encountered from that point on the robber suspect he has the ability to injure and harm,” Thomas said. “Under Texas statute, that would be the prevailing sentiment that the witness, the bystander who shot him, shot him with probable cause. It would be looked at as something as a means of prevention.”
Preventing the suspect from committing another violent crime, which he already did by pistol whipping and then robbing the man at the gas pump. This here puts the witness in the clear, according to Thomas.
“I would dare say the way Texas is Texas, the legislature is, and the courts are, they would recognize that as a legitimate shooting because the person was fleeing, still had the opportunity and the ability to be able to harm other people,” he said.
But what about leaving the scene before HPD arrived?
That’s a different story.
“So, leaving the scene? Yeah. They could possibly charge him with that because that was a crime that had taken place. He intervened and he left the scene,” Thomas said. “But, I just think, under today’s rules and the way Texas is under their statutes, I just don’t see that.”
The witness also has no obligation to render aid to the person he shot, which is unlike laws for police officers.
Houston Police says the Harris County District Attorney’s Office has determined that their investigation will be presented before a grand jury.
That means, as of now, the witness is not facing any charges for shooting the fleeing robbery suspect.