At about 10:30 p.m. on Saturday, a man was withdrawing cash at an ATM on Westheimer near Gessner when he was approached by a gunman who police said tried to rob him.
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Investigators said the intended victim also had a gun and shot the would-be robber. He was pronounced dead at the scene.
"We'll contact the District Attorney's Office to see how the district attorney wants to proceed. Whether it'd be referred to a grand jury, which is normally what happens in this type of situation," Lt. Larry Crowson said.
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Police said there were several witnesses, and they'll be looking for surveillance footage to determine exactly what happened.