Deadly H-E-B shooting: Austin police release more details

AUSTIN, Texas - More details about the September 27 deadly shooting at a North Austin H-E-B are being released by the Austin Police Department.

Austin police have identified the person who died as Michael Rosario Jr., 32. 

APD held a press conference on Wednesday, Oct. 2 with the lead investigator on the case, APD Det. Brice Bishop. 

What happened inside H-E-B

APD says it started as a shoplifting incident at the H-E-B on Canyon Ridge Drive. 

Bishop says initially management at the store and a security guard called 911 reporting that they were concerned about Rosario's behavior inside the store. The next calls came from frantic people concerned about an active shooter situation after shots were fired. 

According to Bishop, store management called the armed security guard, who works for Allied Universal Security Services, and reported that someone, later identified by police as Rosario, was acting erratically inside the store and was possibly holding a knife.

The security guard entered the store and made contact with Rosario, who Bishop said could be seen on store surveillance footage and the guard's body camera footage ‘acting erratically’ and appeared to be under the influence of something.

The guard, who is a licensed security officer in the state of Texas, was armed with a gun and a Taser and was wearing a uniform and body armor, Bishop said. 

What led up to the shooting

The guard attempted multiple times to get Rosario to leave the store calmly, and Bishop said at no point did the guard have any physical contact with Rosario or block his exit. 

Rosario briefly communicated with the guard, but "not to a level that would be consistent with communication that would lead me to believe that he was in a right mental state," said Bishop.

911 was called and while waiting for a police response, the guard, as well as management, tried for the next 14 to 15 minutes to communicate with Rosario. Those attempts did not work; Rosario did not leave and continued to pace back and forth in the front area of the store, said Bishop. 

Rosario was holding an H-E-B store basket and in the basket was a hubcap. He was also holding a large stick in his other hand, said Bishop. When the security guard tried to speak with him again, Rosario held the hubcap out as a shield in front of him.

The guard continued to try and get Rosario to step out of the store, but Rosario did not comply and continued to make motions towards the guard, displaying the hubcap-shield. The guard then draws his Taser and targets Rosario.

The guard gave commands to Rosario, who continued holding the hubcap up. Bishop says a knife was then displayed from Rosario's pocket. The guard gave Rosario multiple and loud verbal commands to drop the knife.

Instead, Rosario made a jabbing motion towards the guard, who fired his Taser at him, but it was ineffective. Rosario then continued to charge at the guard, who pulled out his gun and fired approximately four shots, says Bishop.

The guard stayed on scene after APD arrived and assisted with medical aid to try and save Rosario, who later died at the hospital from his injuries. 

A black-handled steak knife, a hubcap, and a large water jug were found at the scene, says Bishop.

Bishop says that the guard has been compliant with the investigation and cooperative with law enforcement, as have been H-E-B and Allied Universal Security Services. 

Body camera footage or store surveillance footage in this case cannot be released until APD consults with the Travis County District Attorney's Office, according to Bishop. APD is also not disclosing Rosario's criminal history.

Bishop said he could not clarify why it took so long for APD to respond to the scene.

The investigation into the shooting is ongoing. Anyone with any information is asked to call Crime Stoppers at 512-472-TIPS (512-472-8477) or the APD Homicide Unit Tip Line 512-974-TIPS (512-974-8477).

FOX 7 Austin is not identifying the security guard at this time because he has not been charged.