According to investigators with the Harris County Sheriff's Office, the owner of the pit got in his car and followed the reported suspect after the theft and later shot and killed him. They said another person was with the suspect but wasn't hurt.
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The witness spoke only to ABC13 to share what she said happened that morning.
"It just terrified me. The shooting didn't stop. It was non-stop. It felt like forever," the woman who wanted to conceal her identity said.
This woman said she unknowingly became part of the heist to steal a barbecue pit on the morning of Feb. 18.
SEE ALSO: Man shot, killed by homeowner after confrontation over alleged stolen BBQ pit in NE Harris Co.: HCSO
She said her friend, Carl Hathaway, told her he was picking it up from a buddy in the area of Ralston Road and Kentington Oak.
"The barbecue pit is in up on the driveway, and he says, 'Come help me pick it up and put it on the ball,'" the woman recalled.
The pair then drove off, but she said the barbecue pit came unhooked, forcing them to stop.
The events she said followed are why she wanted to remain anonymous. She doesn't want to be targeted or for her children to know the horrific details.
"Right when we were getting it on the ball, I see that truck that was parked where the barbecue pit was parked," the woman said.
She said she started to question Hathaway on whether he stole the pit. The woman said she and Hathaway then got back in the car.
"He fired four shots right off the bat and jumped out and started hollering, 'Get on the [expletive] ground, get on the [expletive] ground,'" the woman recalled.
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She said Hathaway cracked the door open and stuck his hands out.
"(Hathaway) tells him, 'I'll give you your [expletive] back, man. I'll give you your [expletive] back, man,'" the woman said.
She said bullets continued to fly towards the car while she took cover. One, she said, flew through the window, and shards of glass descended on her face.
The man eventually stopped, but she said by that time, Hathaway had been hit and was later pronounced dead.
"I saw a bullet hole in his face," she said.
The woman said first responders were shocked she wasn't shot and checked her body for wounds several times.
The Harris County Sheriff's Office said the owner of the barbecue pit claimed to have acted in self-defense because he believed Hathaway reached for a weapon.
The woman said she never saw a weapon on Hathaway or anywhere in the car.
According to Houston-based attorney Emily Detoto, the possible legal argument here is that under Texas law, a person is allowed to use force, including deadly force, to defend themselves, their family, and their property from an intruder or attacker.
"Some people might think it is unreasonable to believe you are in fear for your life when you are following someone in a car with a gun. Other people might think, 'That is my property. I am going to do whatever it takes to get it back,' So this is a tough one," Detoto explained.
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Hathaway had a criminal history dating back 38 years, mostly drug and theft charges. His cousin Jennifer Wolf said he was in the wrong that morning but doesn't think the punishment fits the crime.
"If you're going to follow them, get the license plate number, call the police, and retreat. Is that barbecue pit really worth more than someone's life?" Wolf asked. "(Hathaway) never denied his past, and he's never denied what he's done, but that doesn't take away the person that he was in his heart."
The woman with Hathaway was not charged, but she admits to her own criminal history, making her all the more sad for Hathaway.
"Yes, (Hathaway) was wrong for stealing the barbecue pit, but he was somebody's brother, son, grandson too. He matters too, you know?" the woman said.
The next step in the investigation is to refer the case to the grand jury.
Eyewitness News reached out to the sheriff's office to find out the address of the original robbery to try and contact the barbecue pit owner, but they would not release the information.
We also knocked on several doors.
The sheriff's office has not provided updates since the day of the shooting and couldn't provide a timeline on when this may be referred to the grand jury.
"If the person allegedly agreed to give the property back and said, 'Hey, no harm, no foul,' for the event to escalate to someone being killed...I mean, this is a very interesting situation," Detoto said.
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