A Texas prosecutor said the case of a rancher who beat to death a man he caught allegedly molesting his daughter will go to a grand jury to decide whether the killing was justified, or an act of excessive force.

The father, whose name has not been released by authorities, claims he caught the man trying to molest his 4-year-old daughter on his ranch Saturday. Although Lavaca County Sheriff Micah Harmon said the girl’s father is unlikely to be arrested, District Attorney Heather McMinn told FoxNews.com the case remains under investigation and that the Texas Rangers have joined the probe.

“Once completed, [results of the investigation] will be forwarded to the district attorney’s office and it will be taken to a grand jury,” McMinn told FoxNews.com. “They’re still investigating what happened at this point.”

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