MISSOURI CITY, Texas Luke Kwan, 35, has been charged with deadly conduct after police said he opened fire in a busy Walmart parking lot.

According to investigators, Kwan was meeting a man inside the store, who agreed to buy his iPhone. The man snatched the phone and took off without paying. Police said Kwan followed him and tried to shoot him in the parking lot with other customers around.

You have the right to protect yourself or prevent the theft of your property, said Missouri City Police Lt. Paul Poulton. But you have to do it in a responsible manner.

Nobody was injured in the parking lot shooting, but police said a bullet was found lodged in a nearby home. It s not clear how many rounds were fired.

Kwan is being held in the Fort Bend County Jail. He ll have a bond hearing on Friday morning. Police are still looking for the man who stole his cell phone.

Walmart said it is providing police with surveillance video of the incident.

We actually promote you go to a public place to meet someone, said Poulton. But in this instance, it didn t work out.

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