Suspect shot by off-duty cop at Dairy Queen

HOUSTON It wasn't the luck two robbery suspects planned for. They went into a Dairy Queen to rob the place, but little did they know an off-duty law enforcement officer was inside eating with his family. He sprang into action and now one of those robbery suspects is dead.

Pacing back and forth in front of the crime scene, Oscar Rios was desperate to know if his girlfriend is OK. She's a manager at Dairy Queen, surrounded by deputy constables.

"We have a three-year-old daughter together," Rios explained.

The Harris County Sheriff's Office says about 7pm Thursday, two men walked in to rob the Dairy Queen restaurant at FM 1960 and Jones Road.

"One came in with a pistol. He took one of the employees hostage, holding the firearm to her head," said Lt. Rolf Nelson of the Harris County Sheriff's Office.

An off-duty law enforcement officer out of Waller County was eating in the corner of the restaurant with his family. He saw the robbery unfold, pulled his weapon and fired, killing one of the suspects.

Outside the restaurant, Rios finds out the information by phone that his girlfriend is OK, but also hears the scary details.

"The guy that tried to rob you, who'd he get shot by?" Rios asked his girlfriend over the phone. "A sheriff sitting in the lobby happened to be there."

Authorities say one suspect fled from the scene and no other employees were hurt. That's information Rios was glad to hear.

"I'm all right now. I'm relaxed. All that tension went away now," said Rios.

He said it was in fact his girlfriend who was being held hostage.

Police told us a getaway vehicle was found 150 yards behind the restaurant. They haven't released a description of the second suspect.

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