Here is an article where the prosecutor, DA, and the grand jury refuses to charge due to the nature of the incident.

June 19, 2012

Father Not Charged in Killing of Man Molesting His Daughter, 5

By THE ASSOCIATED PRESS

SHINER, Tex. (AP) — A young Texas father who beat to death a man molesting his 5-year-old daughter will not be charged, the authorities said Tuesday as they released a 911 tape of the father frantically pleading for help before the man died.

A Lavaca County grand jury declined on Tuesday to indict the 23-year-old father in the death of Jesus Mora Flores, 47, a hired ranch helper.

Prosecutors said the grand jury had reached the same conclusion as the police after reviewing the evidence: The father was authorized to use deadly force to protect his daughter.

Mr. Flores was killed on June 9 on a family ranch so remote that the father is heard profanely screaming at a dispatcher who could not locate the property.

“Come on! This guy is going to die on me!” the father yells. “I don’t know what to do!”

The Associated Press is not identifying the father, to protect the daughter’s identity. The A.P. does not identify victims of sexual assault.

The nearly five-minute 911 call begins with the father saying that he “beat up” a man he found raping his daughter. The father grows increasingly frazzled, cursing and crying into the phone so loudly at times that the call often becomes inaudible.

At one point before sheriff’s deputies finally arrive, he tells the dispatcher that he is going to put the man in his truck and drive him to a hospital.

“He’s going to die!” the father screams.

The attack happened on the family’s ranch off a quiet, two-lane county road between the farming towns of Shiner and Yoakum. The authorities say a witness saw Mr. Flores “forcibly carrying” the girl into a secluded area and then scrambled to find the father.

Running toward his daughter’s screams, investigators said, the father pulled Mr. Flores off the child and “inflicted several blows to the man’s head and neck area.”

Emergency crews who responded to the 911 call found Mr. Flores’s pants and underwear pulled down on his lifeless body.

The girl was taken to a hospital and examined, and the authorities say that forensic evidence and witness accounts corroborated the father’s story that his daughter was being sexually molested.

Although the father was never arrested, the killing was investigated as a homicide. The Lavaca County sheriff, the district attorney and the father’s lawyer, V’Anne Huser, did not take questions during a news conference.

The authorities said the family had hired Mr. Flores before to help with horses on the ranch. He was not born in the United States but was here legally with a green card.

A public records search did not turn up any record for Mr. Flores.

Source: http://www.nytimes.com/2012/06/20/us/father-not-charged-in-killing-of-man-molesting-his-daughter-5.html?_r=1&pagewanted=print