WESLACO, Texas – The Hidalgo County Sheriff’s office responding to a burglary call early Saturday morning in Weslaco. The homeowner reported she had shot a man.

When deputies arrived the woman said the victim was arguing with her boyfriend and shot the man out of fear. A man who was with the victim rushed him to the hospital where he later died. The victim has been identified as 24-year-old Eduardo Mendoza from Weslaco. The shooter has been identifies as Emma Gracia.

Deputies say after interviewing the boyfriend, and the man with the victim, it became clear the victim posed no threat.

Sheriff J.E. “Eddie” Guerra, “Statements show that he was just in an argument. He was actually standing out in the street, was not on the property and he actually when she picked up the rifle, Mr. Mendoza had his hands up in the air.”

Gracia has been formally arraigned and charged with murder. Her bond was set at $1 million. Gerardo Gonzalez who was with Mendoza was charged with trespassing.