This all happened last night around 10:15pm off CE King Parkway near Tidwell in northeast Harris County.
The Harris County Sheriff's Office is still conducting an investigation, but they say this started when the big rig's driver was being dropped off by his wife to pick up the truck and take a load out west. When he reached the cab, though, he could see two men stealing from the truck.
One of them ran into the woods nearby but the other one remained and, according to the driver, started a physical fight, during which he used a metal bar from the truck to strike at the driver. The two men struggled and fought until deputies arrived.
The suspect, 60-year-old Frankie Ballard, was in bad shape and died an hour later at Memorial Hermann Hospital. The driver was a little banged up but wasn't seriously hurt.
"He wasn't intending for somebody to lose their life but he does have a right to protect himself and to protect his property," said Sgt. Ben Beall with the Harris County Sheriff's Office.
This is being called a burglary of a motor vehicle and the driver is not charged. The case is being referred to a grand jury to determine if there is evidence that should lead to charges or if he was justified.
The other suspect has not been found yet.