HPD says physical altercation turned deadly at SW Houston business; attorney discusses possible charges

Fight at SW Houston business turns deadly

What we know:

HOUSTON - According to Houston police, around 4 p.m. Monday they were called to Saravia’s Tire Shop where a man was found dead after being shot at least once. 

Police say the victim came inside the tire shop, complaining to the owner about how long the truck was taking to get fixed. That argument then turned physical between the customer and owner. The owners son then came out and shot the customer. 

What we don't know:

Charges have not been filed against the shooter, but a criminal defense attorney breaks down the possibilities. 

Bayoji Akingbola, a criminal defense attorney, says this case might not be classified as self-defense.

"Likely, it would be a case of defense of others, which is similar to self-defense. This is a case that involves deadly force," Akingbola said, "Under Texas law, a person is justified in using deadly force against another when and to the degree that person reasonably believes that person, that deadly force, is immediately necessary to protect someone else." 

Akingbola adds that, based upon that definition, a lot of factors such as weight, height, and who started the fight will be key.

"This involved a firearm. The obvious question is was deadly force justified where the person who is deceased did not have a firearm," said Akingbola. "Even if he doesn't have a deadly weapon, it could still be argued that use of deadly force is justified when you weigh factors, like age disparity, is this person like, is this person a very strappy man versus an elderly man."

What's next:

If charges are filed, what factors could lead to a court case. 

"So checking for surveillance footage, checking for witness, such as the father who was caught up in that fight and maybe anybody else to gather a throughout account of what happened," said Akingbola. "If they do decide that there is enough evidence, then they will issue an indictment for murder and that case would move forward, and that case of whether or not the gentleman who used deadly force is justified would have to be proved in a trial case where the burden of proof is much higher." 

Why you should care:

Akingbola says don't turn a contractual dispute into a criminal case.

"If at any point there is a disagreement, raise that concern to the owner. If the owner refuses to relinquish the car, then settle that in a civil court," said Akingbola. "What you certainly don't want to do is go in there and try to take matters into your own hands, because then you would be considered trespassing." 

Akingbola adds that you have the right to defend yourself, but if you choose to, call the authorities immediately. 

"If you believe you are justified in using deadly force, try to find another means of resolving that conflict so you don't have to have your whole life determined by strangers in court," Akingbola said.