I look at it this way: if the robber had come into the restaurant and not robbed people, would he have been shot and killed by the customer? Since the answer is no, all actions prompted by the robbery are the responsibility of the robber. First, second, and ninth shot. None would have occurred except for the robber’s actions.
Well, that’s an interesting philosophical point.
If he had been working with an accomplice, and had met the same fate, his accomplice would certainly be indicted under the felony murder rule.
I think that a lot of people respond to this instinctively and base their thoughts on the foundation of what feels emotionally/morally correct. That’s fine, and possibly an interesting discussion, but it doesn’t directly impact the legal issues that the defender will now be facing.
My assumption is that our left-wing DA here in Harris county will try to bring charges, and this man will indeed have to appeal to the jury’s sense of the moral responsibility for initiating this horrible sequence of events that ended with a man’s death. Probably better to not have to trust one’s freedom to the jury’s sense of moral outrage.
Remember, Sheila Jackson Lee’s district is in Harris county. Who would want her voters to hold one’s fate in their hands?
If he was waiving around a gun, but didn't rob anyone? Yes.