Texas Justice ! Felony Robbery gone wrong

The 46-year-old customer was questioned by Houston police homicide detectives on Monday, the Houston Police Department said in a statement.
"After consulting with the Harris County District Attorney’s Office, it was determined the shooting will be referred to a grand jury," the statement reads. "Since the male is not arrested or charged, his identity is not being released."
The alleged robber who was killed was identified by police Monday as 30-year-old Eric Eugene Washington.

So far, the patron has not been arrested or charged. Any criminal charges will be determined by a grand jury. The patron's criminal defense attorney, Juan Guerra Jr., released a statement Monday. 
"My Client who wishes to remain anonymous was dining with a friend at El Ranchito Taqueria and as it has been seen on video a robbery suspect entered the restaurant, pointed a weapon at my client and the other customers demanding money. In fear of his life and his friend’s life, my client acted to protect everyone in the restaurant. In Texas, a shooting is justified in self-defense, defense of others, and in defense of property. The customer has met with the Harris County District Attorney’s Office and Investigators with HPD homicide. He fully intends to continue cooperating with the ongoing investigation. When the investigation is complete, this case will be presented to a Grand Jury. We are confident that a Grand Jury will conclude that the shooting was justified under Texas Law. This event has been very traumatic, taking a human life is something he does not take lightly and will burden him for the rest of his life. For that reason, he wishes to remain anonymous. Due to the overwhelming coverage, we ask the media and the public to respect his privacy." 
Legal analysts like Casey Garrett tell FOX 26, although a fake gun was used during the robbery, there was no way for the customers being robbed to know that the gun was not real. At that moment, they say, the threat was apparent and in moments of panic, adrenaline can often take over. 
"The impact of adrenaline; this was a very stressful event," Garrett said. "The important thing to remember is that once somebody has the legal right to act in self-defense and use lethal force in self-defense, then they have the right, whether it's shooting him once or shooting him nine times."

https://abcnews.go.com/amp/US/customer-fatally-shot-robber-houston-taqueria-wanted-questioning/story?id=96294463