HOUSTON (KIAH) — A man who fatally shot a robber at a Houston taco shop could face criminal charges, depending on what a Harris County grand jury believes happened.

Houston police said that it is referring the case from last Thursday to a grand jury after consulting with the Harris County District Attorney’s Office.

An unidentified 46-year-old man shot and killed a man who held up a taco shop in southwest Houston. Since the male is not arrested or charged, his identity is not being released at this time, police said.

Police did identify the man who was killed, who is now known as Eric Eugene Washington, 30.

Original story from 12:15 p.m.

The customer captured on surveillance video shooting and killing a robber at a southwest Houston taco shop is reportedly ready to talk to police.

HPD said they are in contact with someone claiming to be the attorney of the customer.

Surveillance video showed the man shooting the robber after he held up a taco shop on 6873 South Gessner last Thursday night.

Surveillance video shows the shooter’s truck outside the taco shop. (Houston Police Department)

Police say the man is not facing charges at this time, and they just want to speak to him about what happened.  

Witnesses told officers the robber entered the restaurant and pointed a pistol at patrons as he demanded their money.

 As the robber collected money from patrons, one of the patrons, described as a white or Hispanic male, produced a gun of his own and shot the suspect multiple times.

The shooter collected the stolen money from the suspect and returned the money to other patrons.  He and other patrons (victims) then fled the scene.

Officers later discovered that the robber, who was declared dead at the scene, had a plastic gun. Officials have not identified the robber but describe him as a Black man in his 20s wearing all black clothing, including a black ski mask and black gloves.

Investigators are asking the shooter and the victims who left the scene to contact the HPD Homicide Division at 713-308-3600 to provide statements regarding the incident.