Man indicted for murder of accomplice in Huntsville home invasion

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HUNTSVILLE, Tex. (KBTX) - A Prairie View man is on the run wanted for murder. Back in April investigators say two men broke into a Huntsville home. The home owner opened fire killing one of them. Now, the other burglar is facing a murder charge.

Shots rang out in the quiet neighborhood of Elkins Lake in April. Investigators say 40-year-old Tyrone Harris and 39-year-old Holice Dun Cook were robbing a house in the 1900 block of Green Briar Drive when the owner returned home. Both were shot and Cook died at the scene.

On December 21st, a Walker County Grand Jury indicted Harris for his death.

"The homeowner was actually engaged, was growing marijuana. It was a home invasion. He wasn't there. He came back, found the door broken open, armed himself and then confronted the two suspects. And this is a felony murder. A murder in course of committing another felony," said David Weeks, Walker County District Attorney.

Weeks said police can't find Harris.

"We have not located him. They found him in the hospital, talked to him but he got out before we brought charges," he said.

Weeks said they still don't know how Harris got to Memorial Hermann Hospital in The Woodlands after the home invasion.

News 3 stopped by and met the homeowner where the crimes happened. He had no comment.

"It's a pretty unique fact pattern here that we're going to have to deal with, but I feel comfortable about it," said Weeks.

"They should have seen this coming. I mean, If you're going to go in somebody's home, you ought to expect, anticipate that someone could be there and they could be armed and they made that mistake," he said.

Harris faces five to 99 years in prison if he's convicted of murder, but his case can't proceed until he's found and taken into custody. The homeowner is not facing any charges for the shooting or for the small amount of marijuana found in his home.

Harris was also indicted for burglary of a habitation. Harris served about two and a half years in Texas prison for two counts of robbery in Jefferson County.