The shooting happened at the Doneraki Mexican restaurant located at 300 Gulfgate Center Mall near I-45 south shortly after 11 p.m. Sunday.
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The deputy was one of two uniformed off-duty law enforcement officers at the restaurant when the suspect allegedly came inside after it closed, armed with a tire iron, according to Houston police.
Police said the suspect had been asked to leave the restaurant earlier in the night.
The restaurant closed at 11 p.m., and police said about 10 minutes later, the man came back.
An employee saw the man, then told the two off-duty officers, according to police.
They both approached the man, who allegedly then charged at the Liberty County deputy with a tire iron in his hand.
Police said he got within arms distance of the deputy before he opened fire.
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"The officer discharged his weapon more than once. The suspect immediately runs out of the location and passes away in the parking lot. So currently, we are still investigating the scene. Our homicide division is out here," Asst. Chief Yasar Bashir said. "A crime scene unit is processing the scene, and the district attorney is also currently at the scene as well."
Police said there were no customers inside the restaurant during the shooting, only employees.
Although no HPD officers were involved in the shooting, the department is investigating since it happened within their jurisdiction.
Investigators were talking to the employees and looking at surveillance video from inside the restaurant.
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