No charges on dad who killed girl's attacker Caught in rape, man was beaten to death in Lavaca.

Speaking on the grand jury’s decision to not indict, District Attorney Heather McMinn said the law says “deadly force is justified to stop a sexual assault. ... All the evidence indicated that is what was occurring.” Next to her at the news conference is Lavaca County Sheriff Mica Harmon. less Speaking on the grand jury’s decision to not indict, District Attorney Heather McMinn said the law says “deadly force is justified to stop a sexual assault. ... All the evidence indicated that is what was ... more Photo: Kin Man Hui, San Antonio Express-News Photo: Kin Man Hui, San Antonio Express-News Image 1 of / 8 Caption Close No charges on dad who killed girl's attacker 1 / 8 Back to Gallery

HALLETTSVILLE — A young father who beat to death an assailant who was molesting his 5-year-old daughter will not be charged, a Lavaca County grand jury decided Tuesday.

“Under the law, deadly force is justified to stop a sexual assault. ... All the evidence indicated that is what was occurring,” said District Attorney Heather McMinn, who announced the decision at a news conference.

Officials played a tape of the 911 call made June 9 by the father. In it, the 23-year-old man hysterically pleads with a sheriff's dispatcher to send help, but he cannot provide adequate directions to his father's ranch on County Road 302.

“I need an ambulance. This guy was raping my daughter and I beat him up and I don't know what to do,” he says, apparently near tears.

“This guy is fixing to die on me man, and I don't know what to do,” he repeated, while the dispatcher patiently tried to glean enough information to send help.

While pleading for help, sometimes incoherently, the father tells the dispatcher that attempts are being made to resuscitate the man he has beaten.

The San Antonio Express-News does not identify sexual assault victims and is not naming the father to protect the girl's identity.

The 911 call ended only when sheriff's deputies arrived at the ranch, but by then it was too late. The alleged assailant, Jesus Mora Flores, 47, died from head injuries.

Officials took no questions Tuesday. After the 911 tape was played, V'Anne Huser, a lawyer representing the girl's father, gave a brief statement.

“In our opinion, the story is over. You will not get an interview from (the father) or his family,” she said, adding that the family is recovering from the traumatic episode and should be left alone.

Speaking of her client, she said, “He's a peaceable soul and he had no intention to kill anyone on that day.”

“A grand jury made the decision there was justification for what he did,” she said.

Flores, a Mexican national working here on a permanent resident card, had been hired at the ranch to take care of some horses on the property.

A witness told the father he saw Flores carrying the girl to a secluded pasture. The father reportedly ran toward the screaming girl and found Flores on top of her with his pants and underwear pulled down. He beat Flores with his fists.

A local official at the Lavaca County Courthouse said the outcome was entirely justified.

“No bill! That's the way it should have been. It was justice,” Constable Andy Anderson said of the grand jury's decision not to indict.

Back in Shiner, 14 miles from the courthouse, several patrons at Howard's Convenience Store, a local social hub, also were sympathetic to the father.

“I think it's great, they should have given him a medal for what he did, defending his daughter,” said Leroy Wagner, 79, a retired Alcoa worker who was drinking Shiner beer on tap with friends. “Who wouldn't have done that?”

“He was being a responsible father, any responsible father would have done the same thing,” said Joe Marek, 59, a local electrician.

Victor Casper, 65, a retired county worker, said, “If it was my kids, I would have done the same thing. I would have defended them, too.”

jmaccormack@express-news.net