BRYAN, Tx (KYLE) — It was supposed to be a night full of trick-or-treating for the kids living on Ehlinger Drive in Bryan but their street quickly turned into a crime scene Halloween night after a repo turns violent.
"We just heard three shots and my friend came and looked and said, 'That's Richard!' so I ran to the door and all I could see was Richard laying in the street on his back," said neighbor Shonda Johnson.
Police say Mike's Auto Recovery Service LLC., or M.A.R.S, was hired to do a legal repossession of Richard Pennington's pickup truck but when the tow truck driver showed up to take his vehicle, Pennington attacked.
"It appears that the owner of the truck rammed into the tow truck twice, became aggressive with the tow truck driver and started chasing him with a stick," said Sgt. Benson Kilgore.
In self defense, as police are calling it, the tow truck driver fired back at Pennington shooting, him twice.
Once in the chest and once in the underarm area, leaving Pennington in critical condition.
Neighbors say the tow truck driver went too far.
"You shot him one time, wasn't that enough?" asked Johnson. "When you shot him that once you could have called the law or have someone else call the law. You didn't have to shoot that boy three times."
Police tell us the tow truck driver does have his concealed handgun license and they believe he only shot Pennington as a last resort.
"When the officers arrived on scene they actually found the tow truck driver providing aid to the man he just shot," Sgt. Kilgore said.
We spoke with the owner of M.A.R.S who didn't want to go on camera but told us in his company's 13 years nothing like this has ever happened.
Police say the tow truck driver is being fully cooperative with the investigation and charges aren't expected to be filed.
Leaving neighbors to wonder why?
"He is very nice to people and this is unnecessary," Johnson said.