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The robber held everyone in a taco joint at gunpoint and demanded all of their money and valuables.
Until one guy shot him nine times, including a capper in the head.
The good guy took the valuables from the body and returned them to their owners, and then discovered, that the criminal's gun was a fake, angrily throwing it against the wall.
That makes no legal difference, assuming he believe it was real. And his reaction, caught on video, proves he did believe it was real.
The only legal question is whether he still reasonably believed his life was in peril when the robber seemed to be leaving.
But was he leaving? Who knows. You can leave it up to chance, or you can end the threat.
The good guy left the taco shop, but that was his right; he wasn't under arrest, and there is no law stating that you have to remain present at the scene of a shooting as you do in the case of a vehicular accident. (Maybe there should be such a law, but there's not.) In any event, his lawyer has contacted the authorities and are in touch now.
It seems very unlikely that a Texas prosecutor will attempt an Alvin Bragg-style prosecution of a man lawfully exercising his right to self defense. The worst case scenario for the good guy -- that there was no longer a threat when he shot the perp, because the perp was leaving -- is only arguable and not provable. The good guy doesn't know what the perp's intention was. Maybe he was going to turn on his heel and start shooting people.
Unless the Samaritan gets caught on tape saying "I felt like I was in no danger at all when I shot him," he's probably fine.
Video report below. Gore Warning: They cut out the part when the criminal gets capped, so there's no gore.
FACT: In 100% of all fake-gun related shootings, the victim is always the one with the fake gun.