About 4 p.m. yesterday, a man who a witness said appeared drunk, walked into the EZ Trip Food Store above and, according to police, began harassing customers.
Specifically, he slapped one person repeatedly in the face before chasing them from the store. Upon his return, he began punching a second customer in the face which, it soon became clear, was a terrible idea.
The fight moved outside where the customer, who police have not yet identified, pulled out a handgun and shot his assailant. He then waited for police to arrive and was taken into custody without incident. Yesterday afternoon, he was being interviewed by homicide detectives.
The attacker, whose name has also not been released, was taken to Baylor Hospital, where he was pronounced dead at 5:19 p.m.
Witness told the DMN that the shooting was uncalled for, though it's a safe guess the shooter, who has a concealed handgun license, will walk. this seems the prototypical example of the situation covered by Texas' 2007 Stand Your Ground law which "abolishes the duty to retreat if the defendant can show he: (1) had a right to be present at the location where deadly force was used; (2) did not provoke the person against whom deadly force was used; and (3) was not engaged in criminal activity at the time deadly force was used," as summed up by the Baylor Law Review. All of which seems to apply in this case.
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