The confrontation happened Sunday night at the Gulf gas station on Cullen near Ward, but in the light of day Monday, his family is asking if he had to die.
"My brother was just here I was just talking to him," said Darryl Daniel, the victim's brother. "We're just washing a few cars here."
Darryl can't believe his brother, Lewis, is dead. On Sunday night, Darryl says Lewis was helping him wash cars at his business when he walked to a nearby gas station.
What happened next is captured in dramatic surveillance video. Daniel, 58, apparently got into an argument with a woman who was filling her car with gas. Eyewitness Raymond Martin, Jr., saw it in front of his eyes.
He said, "He came at her with a knife. So she came out of her trunk with a gun and started shooting him. You know what I'm saying, like three or four times. He turned around, took one step and just fell and he died."
In the surveillance video from several different angles, you can see the two arguing, the woman pulling out a weapon from her trunk. She apparently fired to the ground once, he took a swing at her and we won't show you the moment, but she fired several more rounds. He died at the gas station.
"He only charged and took a swing at her because she got a gun," Darryl said.
Houston police say the woman left, but they tracked her down. She told police Lewis Daniel made sexual advances toward her and then came at her with a knife. That's when she fired. Witnesses say the woman allegedly took cell phone photos of what happened before driving away. A grand jury will decide whether any charges will be filed, though Lewis' family members say he didn't have to die.
"He was playful," said Deanna Kelly, the victim's niece. "Everybody that knew him felt he was a joyful man."
The woman in question met with Houston police investigators. They say the case will be referred to a grand jury to decide if any charges will be filed.
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