Person shot during attempted South Austin robbery

A south Austin store owner shot a suspected get-away driver after an attempted robbery. Police say the shooting appears to be justified.

David's Food store opened as usual Thursday morning, but co-owner Sung Lee had to do so without his brother.

"He is scared, about last night, he just go home,” said Lee.

At this same checkout counter- Lee's brother, according to investigators, was held up at gun point.

911 calls, reporting the shooting, started coming in around 9:00 Wednesday night, but this was not the only scene police were responding to. Investigators say a man had entered the store, armed with a handgun. At some point - the store owner pulled his own gun and started firing.

"At this point we are not looking to file any charges, based on our initial investigation, he was well within his rights, under Texas law,  to use deadly force in the situation he was in,” said APD Sgt. William White. 

A bullet went into a van that was parked in front of the store and struck the driver in his arm. He claimed to be an innocent bystander. The van was found crashed into an apartment complex about a block away. Detectives say the driver, who was taken to the hospital with a non-life threatening injury, was an accomplice and the van was supposed to be their get-away car. The alleged gun man was found hiding in a nearby alley.

Police recovered two guns and say a trace history will be done on both.

Sung Lee told FOX 7 it’s been 5 years since they've had a robbery at the corner store. The shooting will be reviewed by the district attorney's office -- and could be referred to a Grand Jury. Formal charges against the two suspects are expected to be filed on Friday.

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