PICTURED: Robber, 30, armed with fake gun killed in Houston restaurant by vigilante: Criminal was ALREADY out on bond for assault – but a grand jury will now decide if ‘hero’ customer, 46, who ‘protected everyone’ by shooting him will face charges

• Robber Eric Eugene Washington, 30, had previously served 6 years of a 15 year sentence for aggravated assault with a deadly weapon 
• At the time of the shooting, he was out on bond for a December domestic violence charge against his girlfriend. He was shot dead as he robbed diners 
• Police say the vigilante diner, 46, who killed the thief is cooperating with law enforcement and a Grand Jury will decide if he should be charged 

A Texas grand jury will decide whether or not criminal charges should be brought against a customer who shot and killed a robber in a Houston taqueria last week. 

Eric Eugene Washington, 30, died after being shot nine times – including one bullet hitting him execution-style in the head – by a vigilante customer who was said to be ‘protecting everyone’ in the Texas restaurant. 

It can now be revealed that Washington had a lengthy rap sheet, that most recently included domestic violence and aggravated battery. He was also out on parole for aggravated assault with a deadly weapon. 

The customer at Ranchito 4 Taqueria has been hailed a hero after turning his weapon upon a would-be robber – who strolled into the local joint, pointed a fake gun at customers and demanded they fork over cash. 

The 46-year-old customer, believed to be Hispanic and left the scene in a dusty pickup truck, has not yet been identified because he is not under arrest. Authorities say he is cooperating with detectives – and will now decide if he’ll face charges.

Eric Eugene Washington, 30, died after being shot several times by an armed diner at a local taqueria he was trying to rob. Washington had a lengthy rap sheet that included jail time for aggravated robbery with a deadly weapon

The customer – seen sitting down with his gun raised – shot the man at least nine times after his robbery

The customer, who is seen in the clip pulling out his gun and shooting as the robber seems to head towards the door, was ‘traumatized’ and ‘feared for his life’ during the ordeal, his lawyer said. 

He added that killing someone ‘will burden him for the rest of his life’ – but he did pull the trigger to ‘protect everyone in the restaurant.’

Records illustrate Washington’s extensive criminal history that included a recent misdemeanor charge of domestic assault against his girlfriend, which occurred in December of 2022.

Court documents also confirmed that Washington was released on parole in 2021 for a conviction of aggravated robbery with a deadly weapon, for which he had been sentenced to 15 years behind bars.

Washington had been convicted in 2015 in connection to the murder of 52-year-old Hamid Waraich, the owner of a Boost Mobile cell phone store who was fatally shot in the back during a robbery. He was paroled in 2021 after serving six years.

At the time of his death, Waraich had a fiancée and children. One of the victim’s sons, Sean Waraich, called the deceased robber ‘an evil criminal that took joy from harassing and robbing innocent families.’

The vigilante diner has not been identified by police because he has not been charged with a crime. Law enforcement say he is cooperating 

The customer shot the robber, seen in the red ring, after he entered Ranchito #4 Taqueria and demanded people’s money and cellphones at gunpoint. Police believe that the masked robber was actually using a fake gun

Pedro Lopez, owner of the taqueria, said he and his employees are still in shock but he is glad that his staff and customers were unharmed in the shooting

Self defense or excessive force: Will the shooter face charges? 

In Texas, people are allowed to use fatal force when they believe their life or another party’s life is in immediate danger.

Experts say that Texas law also outlines specific instances for aggravated robbery where deadly force is completely justified. 

In this case, where the person he shot was in the process of committing an ‘armed’ robbery, the customer’s use of deadly force in self defense is allowed.

He would have also reasonably been in fear of serious bodily injury or death, believing the robber had a gun.

The defense can be used as a defense to homicide charges. It is legal to kill someone in self defense in Texas if:

1. You reasonably believe that there is an imminent danger of you or someone else being seriously injured or killed.

2. Your use of deadly force was necessary and appropriate at the time you used it.

He called the taqueria vigilante a ‘true hero,’ and said he ‘did the right thing in stopping the robber and protecting the community from a dangerous perpetrator.’ 

Aman Waraich, another son of Hamid, said: ‘If the guy who stopped Eric was around 10 years ago, maybe I’d still have my dad.’

An attorney for the vigilante made the following statement: ‘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, and 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.’

The would-be robber can be seen on surveillance video taking control of the taqueria and pointing a fake gun at customers as they take cash out of their wallets and place it on the tables and floor.

Suddenly, the vigilante customer began shooting, even moving closer to the robbery suspect as he continued to fire shots at close range.

He appears to place the customers’ money back on the table, then seems to realize the mortally wounded robber’s gun wasn’t real and proceeded to leave the shop along with the other customers.

University of Houston Law Center Professor Sandra Guerra Thompson spoke to Eyewitness News about the incident, and in particular, the fake gun the criminal had in his possession.

‘I know that there are a lot of questions about the use of a gun because it wasn’t a real firearm, but that really doesn’t make a difference because it was used as a firearm and a person would reasonably believe that they were facing an immediate threat of deadly force,’ she said.

Pedro Lopez, owner of the taqueria, said he and his employees are still in shock. 

Police arrived at the scene on January 5 after the fatal shooting

The fatal shooting occurred at Ranchito #4 Taqueria in southwest Houston, Texas

He told ABC13: ‘Everyone was scared, nervous. I was too. Some customers were seated here, others were over there, he go the money and was going to leave

‘You never really know what is going to happen.’

Experts believe that the customer will most likely not face charges – as his use of excessive, deadly force was justified considering the circumstances. 

Former Houston police officer, now lawyer, Thomas Nixon said: ‘The person he shot was in the process of committing robbery and consequently his use of force in defense of himself and innocent third parties is completely justified in Texas.

‘He was reasonably in fear of serious bodily injury or death.’ 

Nathan Beedle with the Harris County District Attorney’s Office believes that the shooting was justified, adding: ‘I can point you exactly where it is in the law, 9.31 and 9.32 of the penal code.

‘Whether someone uses deadly force in the situation, that is presumed to be correct under Texas law.’ 

Texas has some of the most permissive gun laws in the US. Residents and non-residents over the age of 21 are allowed to carry a handgun – either openly or concealed – in most places in the state.

This does not include people who have any prior felony convictions. 

Since September 2021, Texans do not need a permit to opening carry a handgun in the state. 

The ‘gunman’ who entered the shop waving his pistol and shouting, was taking money and cellphones from patrons before one customer stood up and shot him

What are the open carry laws in Texas? 

Beginning September 1, 2021, a law known as HB1927 made it legal in Texas for most people 21 or over to carry a handgun in a holster without a permit – both openly and concealed.

This law changed the previous open carry law from 2016 – by eliminating the requirement to have a license to carry.

This means that most people 21 or over – who have not committed previous felonies – may carry a handgun without a license to carry in the southern state.

Governor Greg Abbott heralded the new ‘constitutional carry’ legislation at the time, saying: ‘You could say that I signed into law today some laws that protect gun rights.

‘But today, I signed documents that instilled freedom in the Lone Star State.’

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