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The district attorney's office has decided not to charge the man, whose name has not been released, but activists said when you listen to the nine gunshots in the surveillance video, it is overkill, and the shooter should not be able to get away with that.
ORIGINAL REPORT: Taqueria owner still in shock after customer allegedly shoots, kills robbery suspect in SW Houston
"That's excessive," activist Quanell X said. "Come on now, that's excessive. That's ridiculous." He says that the shooter went too far.
The robber, Eric Washington, walked into The Ranchito #4 on Jan. 5 with a mask, gloves, and what was believed by police to be a plastic pistol, intending to rob customers.
In the video, Washington is seen taking money from those eating inside the restaurant.
As Washington was leaving, the customer was seen standing up and shooting him several times. He died at the scene, police told ABC13.
"The man was not wrong for the initial shots," Quanell said. "He was wrong for the continuous shooting when the man was dead, in my opinion, and no longer posing a threat."
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Quanell X said Washington's family is hurting after seeing the video.
The shooter accused immediately garnered legal representation and turned himself in days later.
The case has now been referred to a grand jury to determine if the shooting was justified.
The customer's lawyer told ABC13 he's confident the grand jury will justify it, which worries activists.
"This is going to open the door in Harris County for some wild, wild stuff," he said. "And then, what people are going to say is, you didn't indict him. How can you indict me?"