A Texas grand jury will determine whether an armed diner who shot and killed a robbery suspect at a Houston Mexican restaurant last week – and returned stolen cash to other patrons – will ultimately face criminal charges over the deadly gunfire captured on surveillance footage.

In an update Monday, the Houston Police Department said the 46-year-old male shooter – whose name is not being released because he is not arrested or charged – was questioned by homicide detectives. He was initially wanted for questioning after fleeing the scene with other patrons after the deadly gunfire.

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