HOUSTON – According to police, a Sunny's Food Mart store clerk shot a man who came into the store and tried to steal cigarettes from behind the counter after a dispute.

Police said around 8:30 p.m. Saturday a man in his 40s walked into the convenience store located on West Orem Drive and asked the clerk for cigarettes on credit, which he claimed another clerk usually did for him.

The employee refused, and the man reportedly got upset, went around the counter and began to grab cigarettes from behind the register.

Police said the clerk then grabbed his gun and shot the man. He was transported to the hospital and later died.

The store clerk was not injured and the case is now being referred to a grand jury for any possible charges.