SAN ANTONIO – A masked 19-year-old entered a Popeye’s Fried Chicken and pointed a gun at a restaurant full of people on Dec. 6 demanding money, according to police.
The robbery suspect, Andres Herrera, was shot to death by a father dining with his family. Herrera’s mother spoke to Spectrum News about her son and his struggles with mental illness.
"He said 'yeah mom I love you' and I said 'I love you too Mijo,'" said Cynthia Ruiz recalling the last conversation she had with her son Herrera.
Ruiz asked her son if he was coming back later that night and he said “yeah mom.” But the 19-year-old never returned home.
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"My son needed to be punished there is no doubt about that. What he was doing was very wrong,” said Ruiz. “But I would of been more than glad to see him in prison than in a coffin."
The mother said her son was troubled by mental illness and recently stopped taking his medication. Ruiz believes the father who killed her son could have disarmed him instead.
“He had a license to carry, not to kill,” said Ruiz.
The father was a licensed carrier and isn’t facing any charges. He told police he was protecting his family and others when Herrera began pointing his gun.
Ruiz believes he should be charged. Texas Penal code says a person is justified in using deadly force to protect himself or a third party against the unlawful deadly force.
Funeral services for Andres were held over the weekend. The grieving mother plans to spread his ashes after the holidays.
"Nothing can condone what he did,” said Ruiz. “He made bad choices but that doesn't define who he was."