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Texas dad kills daughter's alleged attacker

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    Father could face charges for beating man allegedly molesting 4-year-old

  • Duration 5:22
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Tell escorted back in session on the docket today awaiting the fate of a father who could be facing possible murder charges for defending his little girl.

Police say the 23 year old dad beat a man to death after allegedly catching him sexually assaulting his five year old daughter.

The assailants five year old daughter -- that the father.

-- it was not charged initially but now the case has been ruled a homicide and a grand jury has been convened.

Police in the meantime say they have no reason to doubt the fathers motive but the grand jury proceeds.

-- -- -- -- -- -- -- -- -- -- -- -- He struck the individual.

Several times.

And the individual candidate.

-- he had to remorse.

That the individual and -- I mean it.

Who was in his in can't.

He was just protecting and going and doing what he thought he had to do to protect his daughter.

So if that's how the sheriff feels and the DA is saying the share of reached the right decision.

Why -- they convening a grand jury.

Joining -- now Joey Jackson former prosecutor now defense attorney and Mercedes colon -- was a Fox News legal analyst.

That is the question Joey because the DA later came out and said that sheriff was correct in not arresting the Texas father.

Based on the immediate evidence at the scene.

But went on it seems that there was additional evidence they acquired that led him to convene a grand jury why.

Indeed what what happens Megan is you want to protect the integrity of the process I think that everyone overwhelmingly at least has that you -- believes that he was justified in doing what he did now having said that.

It's important that we not administer street justice or that we otherwise say that.

Vigilante is and is appropriate and that's why it's important to get a grand jury together a neutral body who could hear all the evidence and make that decision was this indeed.

-- crime or was it not was the father.

Justified in in in intervening and attempting to protect his daughter or was he engaged in vigilante justice and making revenge is a result of something he didn't like -- Mercedes is this a waste of taxpayer dollars and in time when you've got -- -- circumstances of the initial attack this father witnessed said that this.

That that now decedent -- Flores who was 47 was found on top of this five year old girl with his pants down exactly I mean what -- to investigate.

It exactly right I mean it's not if you know it would be vigilante justice at the rape happened yesterday and the father went.

Gunned him down in the street that's vigilante justice coming upon the -- of your five year old child.

And you pulling -- off shore up with a -- you know ironically if the father had come with a gun and shot.

While he's -- it's fun girls child.

He wouldn't homicide charges why it affect what that's why quiet because part of channel on hand in and they did and had to cut it it's really ironic it's all about stopping the sexual assault when -- -- -- -- his child.

And started feeding him.

That's -- the lines are blurred.

If he would come up on them and he's raking his five year old child he takes the gun shoots it dead that's reasonable force but however he pulled off helped pull it off and started hitting it.

That's one realizable -- that frankly there isn't a single jury out.

There that will ever convict this man envisages -- is you know I have to tell -- that Mercedes is probably absolutely right and even if the grand jury didn't back indict him you be looking at jury nullification because we don't like it but Mercedes also touched upon something very important she talked about blurred lines -- -- and war.

You know the grand jury has yet at that critical line and determine was this something.

But he was attempting to prevent and of course is we now Texas plus as that you would be justified if in protecting the daughter and an intervening.

And otherwise pulling her off that's where the -- -- -- I think Joey that they've that they've uncovered something that suggest that this a sexual assault was not happening.

And that this related to a beef between the two men because what they're saying is that since the June ninth incident.

Investigators have heard several.

They decided this was a homicide.

Life that doesn't mean murder -- means you got somebody else killed them.

And that it needed to go to the grand jury they -- know we chat that the father this -- yet how hot I think.

It's two things that are critically important here one Megan as we touched upon before is I think you want the public to be confident in the outcome I don't think we want to leave the agents Annie walk at a and I think there's a lot of agreement with that but I don't think you want to leave it to that this sheriff or the district attorney now.

Resilient -- can -- -- you know that they the cops made the decision initially in the train on Martin case and then that got you know outrage and then they appointed this special prosecutor -- you know.

-- is there some value to having a second layer of.

Evaluate me I'm with you Megan when that when you first started -- this is a waste of money I mean frankly there are many more -- crimes out there than many other circumstances that really need.

The devotion of those right time and resources.

This case isn't one of them I think probably there's an underlying current is we have to have a deterrent out their fire started taking that these matters and there -- -- god knows what I can and.

That's the -- have a much different it went then the act is in progress and I'm not exactly the stuff but thankfully little girl -- to be okay thank you can.

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