an officer with the Houston Police Department was patrolling the area near the 600 East Tidwell Road and heard gunshots. The officer drove to the location and saw a male suspect, later identified as 36-year-old Christopher Michael Rodriguez, armed with a pistol, running in front of the store. Officer Eakins exited his patrol vehicle and gave Rodriguez verbal commands to drop the pistol. Rodriguez did not comply and instead, ran the opposite way with the pistol still in his hand. Officer Eakins continued to give Rodriguez verbal commands to drop the pistol. As Rodriguez fled, he turned toward the officer with the pistol in his hand.

Officer Eakins discharged his duty weapon several times and Rodriguez was struck. Officer Eakins detained Rodriguez until additional patrol officers arrived and provided medical assistance to Rodriguez. Houston Fire Department paramedics responded to the scene and transported Rodriguez to an area hospital with non-life-threatening gunshot wounds. A preliminary investigation determined the gunshots fired by Rodriguez, were a result of an altercation he had with another male. Rodriguez admitted to firing his weapon into the air just prior to officers arriving on scene. He was subsequently charged with aggravated assault of a public servant, aggravated assault with a deadly weapon and felon in possession of a firearm in the 230th State District Court.