In Gonzalez v. State, 296 S.W.3d 620 (Tex. App.-El Paso 2009, pet. ref'd) two men entered a convenience store and demanded money from the store clerk. After the appellant took the money from the clerk, the other man fired a shot into the clerk's chest, killing him. Id. at 625. The two men then fled the scene. Id. at 626. The appellant was charged with capital murder, but he requested an instruction on the lesser-included offenses of felony murder or manslaughter. Id. at 625. The appellant argued the gun fired accidentally, and the other man did not intend to kill the clerk. Id. at 626. Even though the videotape of the robbery may have shown at some point during the commission of the crime the other man did not intend to kill the clerk, the El Paso court of appeals concluded that it did not amount to evidence that there was no intent at the time of the shooting. Id. Additionally, the fact that the man shot the clerk and then fled the scene supported the theory that there was intent to kill. Id. at 626-27. Thus, the trial court correctly refused to instruct the jury on a lesser-included charge of felony murder or manslaughter. Id. at 627.