Teen shot to death while trying to rob man with toy gun

HARRIS COUNTY TX(KTRK) — A man is claiming self-defense after he shot and killed one of two teen robbery suspects who approached him with a toy gun overnight in northeast Harris County, the sheriff’s office said.

The deadly shooting happened around 1:40 a.m. at the Forest Creek Apartments on Uvalde near Wallisville Road.

The man told deputies he went to the apartment complex to meet a woman he connected with on a dating website. He alleges that while he was there, two people approached him with what he thought was a real gun.

That’s when the man pulled out his own gun, shooting one of the teens. According to deputies, the second suspect tried to give his friend CPR, but the other teen died.

After the shooting, the man’s gun jammed. He then drove to a gas station nearby and called 911.

Deputies say though the weapon looked realistic, it was actually a toy AR-15 rifle.

“We did find what turned out to be a toy gun, but we’ve also got some other evidence over there,” said HCSO Sgt. Ben Beall. “We’re in the early stages of the investigation and it’s going to take a little bit to figure this out.”

The second teen in the attempted robbery was being questioned, but it wasn’t known if any arrests were made.

Ultimately, the case may go to a grand jury for charges.  (actually it will go to a GJ, because that is Texas state law for all homicides)

Shooting at Spartanburg convenience store that left man dead ruled justifiable

A man who shot and killed another man at a Spartanburg convenience store earlier this week will not face homicide charges, the Spartanburg County Sheriff’s Office announced Thursday night.

Russell David Berry Sr., 58, of Duncan, was shot Tuesday at the QuikTrip on Reidville Road and died in the operating room about three hours later, Coroner Rusty Clevenger said.

Lt. Kevin Bobo released new information and a description of what was captured on security video that led to the decision by the 7th Circuit Solicitor’s Office.

Bobo said deputies responded to the shooting call about 11 p.m.

He said before deputies arrived, 911 dispatchers advised deputies that witnesses said there was a victim in the parking lot with a gunshot wound to his abdomen.

Bobo identified the victim as Berry.

Witnesses also said the shooter had laid his gun on the ground, had laced his fingers behind his head, and was laying on his stomach in the parking lot, Bobo said.

Dispatchers also informed deputies the man asked the witnesses to call 911, and that the shooting was in self-defense, according to Bobo.

When deputies arrived, they found both Berry and the shooter, whose name was not released, as EMS began treating the Berry.

The man was taken to the sheriff’s office for questioning by one investigator while another investigator remained at the scene, interviewing witnesses and gathering video.

Investigators now say the man had first been to CVS behind the QT, attempting to get a money order to send to his family out of country, but the machine there wasn’t working correctly.

The man asked the CVS clerk where the closest ATM was, and she told him there was one inside the QT.

Berry was inside the CVS at the same time as the man, but from the store’s security video, it doesn’t appear they interacted, Bobo said.

Once the man left CVS and went to QT, Berry came outside from CVS but stayed in his car in the parking lot closest to the QT, Bobo said.

About 10 minutes later, the man left the QT and was headed toward his vehicle when Berry got out of his car and headed toward the suspect in a hurried manner, Bobo said.

At some point, Berry can be seen taking a swing at the man, but misses as the suspect runs away.

The man has a valid concealed weapons permit and had both his permit and his weapon on him, Bobo said.

“Fearing for his life, as Berry kept coming towards him, he pulled his pistol from his waistband and fired one time at Berry, hitting him in the stomach,” Bobo said in a release.

The lead violent crime investigator met with the solicitor’s office on Thursday afternoon, who reviewed the case file, according to Bobo.

Based on the statement from the man, which was corroborated by both the statements from the witnesses as well as the video from CVS and QT, the solicitor’s office ruled this incident as a justifiable homicide, and no criminal charges against the man will be filed, Bobo said.

Despite that ruling, the investigation remains active, and the lead investigator still has several pieces of the investigation to wrap up, Bobo said.