The shootout happened in a parking lot outside South Park Mall just before 1 p.m. on Thursday.
Author: David Lynch (KENS 5), Allysa Tellez (KENS), Hannah Tiede
Published: 1:47 PM CDT July 27, 2023
Updated: 10:57 PM CDT July 27, 2023
SAN ANTONIO — One person is dead and two others are in the hospital after a shootout in a busy mall parking lot.
A shopper noticed his vehicle was missing early Thursday afternoon, so he tracked it to another side of South Park Mall, officials with the San Antonio Police Department (SAPD) said.
Police say two people were inside the stolen vehicle: a man in the driver's seat and a woman in the passengers seat. The owner attempted to order the suspected thieves out at gunpoint.
That’s when the suspected thief in the driver's seat shot the owner, investigators said.
According to SAPD, the owner returned fire, killing the other man and critically injuring the woman.
“Certainly a case of self-defense, is what we have,” McManus said. “We would prefer that they call the police before taking that into your own hands, but he did what he felt he needed to do.”
Based on preliminary information from investigators, defense attorney Nico LaHood says the owner's actions were justified under the Texas Penal Code.
“Citizens have a right to prevent the consequences of a theft," said the former Bexar County district attorney. "In that prevention of consequences, you can use force to prevent a theft. You can use physical force, but the law also says you can display a weapon. That is considered force, but it’s not considered deadly force.
"What made this different," LaHood continues, "was the suspect actually used deadly force against the vehicle owner. At that time, he had the right to use deadly force to prevent his own injury. He should not be facing any charges from this incident."
LaHood says what a person can do and what a person should do are two different matters.
“If you’re asking me my opinion, (people) have lost confidence in some of our institutions, unfortunately,” LaHood said.
“The victim was my brother and there are two sides to every story," Jose Garcia told KENS 5 on the scene. “Whether my brother was wrong or right, he had a gun pointed at him. I guess he took it upon himself to defend himself. The guy who shot him is a vigilante, not a hero. A vehicle is not worth taking someone's life, I don't care what kind of car it is. You don’t take the law into your own hands. Now my mom, my family, we all have to suffer and just deal with it.”
The investigation is ongoing, and SAPD Chief William McManus said it’s unknown at this point if any charges will be filed.
This is a developing story. Check back with KENS5.com for updates.
![nypost.com](https://nypost.com/wp-content/uploads/sites/2/2023/07/Untitled-1-44.jpg?quality=75&strip=all&w=1024)
Man tracks down and kills alleged car thief, gets shot himself in mall gunfire chaos
A Texas parking lot turned into a gunfight after a man tracked down his stolen vehicle Thursday afternoon to a nearby mall, where he shot and killed the alleged thief, who pulled out a gun himself …
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A Texas parking lot turned into a gunfight after a man tracked down his stolen vehicle Thursday afternoon to a nearby mall, where he shot and killed the alleged thief, who pulled out a gun himself and shot the owner.
The man and his passenger exited the South Park Mall in San Antonio around 1 p.m. to find their Ford truck missing.
The duo tracked down the vehicle to another parking lot at the mall to discover a male and female sitting in the truck.
“The owners of the stolen vehicle tracked the vehicle to the parking lot back here behind me. They showed up, they find the vehicle, there were two individuals, a male and a female in the vehicle,” San Antonio Police Chief William McManus said at a press conference near the mall.
The man, whose name was not released, held the suspects at gunpoint and directed the driver to sit down by one of the tires while they waited for police.
The thief then pulled out a handgun and shot the vehicle’s original owner, who returned fire and struck both suspects.
“At some point, the person who stole the vehicle and who is now being held at gunpoint by the owner of the vehicle produced a weapon from his waistband and shoots the owner of the vehicle,” McManus said.
![They were able to track down the vehicle to another parking lot at the mall only to find a male and female sitting in the truck where they confronted the thieves. They were able to track down the vehicle to another parking lot at the mall only to find a male and female sitting in the truck where they confronted the thieves.](https://nypost.com/wp-content/uploads/sites/2/2023/07/Screen-Shot-2023-07-27-at-114111-PM.jpg?w=1024)
The male thief was pronounced dead at the scene, according to San Antonio police.
The vehicle’s owner and the woman were transported to a local hospital, where they were listed in stable and critical condition, respectively.
Police did not say how the truck was tracked down and described the shooting as a case of self-defense.
In photos from the scene, the female thief is seen being assisted by a police officer and another female with blood running down her leg, while the dead thief is lying face down in the parking lot.
![In photos shot at the scene, the female thief is seen being assisted by a police officer and another female with blood running down her leg, while the dead thief is laying face down in the parking lot. In photos shot at the scene, the female thief is seen being assisted by a police officer and another female with blood running down her leg, while the dead thief is laying face down in the parking lot.](https://nypost.com/wp-content/uploads/sites/2/2023/07/Screen-Shot-2023-07-27-at-115255-PM.jpg?w=601)
In photos from the scene, the female thief is seen being assisted by a police officer and another female with blood running down her leg, while the dead thief is lying face down in the parking lot.Facebook
Police say the owner of the vehicle had every right to look for his stolen property.
“The owner of the stolen vehicle certainly has the right to track down his stolen vehicle. Now we would prefer that they call the police before taking that into your own hands, but he did what he felt he needed to do,” McManus concluded.
The dead thief’s brother challenged the car owner’s supposed right to chase him down and kill him.
“The victim was my brother and there are two sides to every story,” Jose Garcia said, according to KENS 5. “Whether my brother was wrong or right, he had a gun pointed at him. I guess he took it upon himself to defend himself.”
![It is unclear whether the male owner or his passenger called 911, and what transpired in the 2 minutes between the call and the shooting, which police are investigating. It is unclear whether the male owner or his passenger called 911, and what transpired in the 2 minutes between the call and the shooting, which police are investigating.](https://nypost.com/wp-content/uploads/sites/2/2023/07/Screen-Shot-2023-07-27-at-114056-PM.jpg?w=1024)
![The shooting took place at South Park Mall in San Antonio on Thursday around 1 p.m. The shooting took place at South Park Mall in San Antonio on Thursday around 1 p.m.](https://nypost.com/wp-content/uploads/sites/2/2023/07/Screen-Shot-2023-07-27-at-114049-PM.jpg?w=1024)
Garcia called the man who shot his brother a vigilante, adding that people should wait for the police.
“The guy who shot him is a vigilante, not a hero. A vehicle is not worth taking someone’s life, I don’t care what kind of car it is. You don’t take the law into your own hands,” Garcia added. “Now my mom, my family, we all have to suffer and just deal with it.”