Security officer involved in fatal shooting at northeast Austin H-E-B

AUSTIN (KXAN) – A uniformed security officer was involved in the Friday shooting at a northeast Austin H-E-B that left one man dead, according to Austin Police and an H-E-B spokesperson.

KXAN determined security service company Allied Universal has a security officer presence at the H-E-B at 500 Canyon Ridge Drive, where the shooting occurred. A spokesperson for the company responded with the below statement.

The video above is from the KXAN newscast at 6 on Sept. 30

“As the world’s leading security and facility services company, Allied Universal is dedicated to helping keep our clients and their customers safe. We are aware of the incident and cooperating with local authorities. Since this is an active investigation, we ask that all further questions be referred to the Austin Police Department,” the statement read.

Officers responded Friday to a trespass call at the grocery store. While headed there, officers received several 911 calls about the shooting. According to APD, one caller said a person was “shoplifting and lunged at a security guard with a knife.”

The caller told 911 the security guard tried to use a stun gun on the person and then shot him, APD said.

According to APD’s investigation, detectives believe the security guard was trying to get the man to leave the store. The man had a knife and used a tire hubcap as a shield. The security guard first used a stun gun on the man, but that was “ineffective,” APD said.

The security guard shot the man after he “charged” at the security guard with the knife, APD said.

APD said during a media briefing Friday that a person was detained for questioning.

On Tuesday, Austin Police identified the man who died in the shooting as Michael Rosario, 32. KXAN is not naming the alleged shooter because he has not been charged in connection with the incident. Detectives are still investigating.

APD asks anyone with information about the shooting to call (512) 974-TIPS. Tips can be sent anonymously through the Capital Area Crime Stoppers Program by visiting austincrimestoppers.org or calling (512) 472-8477.

APD is investigating this case as Austin’s 47th homicide of 2024 .

Security officers and Texas law

“Security guards find themselves in a very precarious situation here in Texas because they do not have any additional rights than an ordinary citizen,” said Richard D. Hayes, an attorney with Walker & Taylor Law who handles mostly Second Amendment and self-defense cases.

Hayes said while most security officers are required to undertake extensive training before beginning their roles, under the law, they do not get additional protections as police officers do.

“Unlike police who have qualified immunity,” Hayes said, “security officers don’t have any qualified immunity – that liability falls on them,” he continued.

Hayes said security officers can be treated “more harshly” than private citizens in self-defense cases involving firearms.

“I think that there’s a lot of confusion when it comes to self-defense under Texas law,” Hayes said. “It’s very tough on self-defenders, and self-defenders need to be wary that this is a defense that’s proven at trial.”

“People need to be careful if they find themselves in these situations,” he continued.  “If there’s a reasonable, safe alternative to using force or deadly force, you should take it.”

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