AP/ June 20, 2012, 5:06 AM

Texas dad frantic on 911 call after fatally beating daughter's alleged attacker

This June 16, 2012, photo shows a building near Shiner, Texas, where authorities say a Texas father beat to death with his fists a man molesting his 5-year-old daughter on June 9.

This June 16, 2012, photo shows a building near Shiner, Texas, where authorities say a Texas father beat to death with his fists a man molesting his 5-year-old daughter on June 9. / AP

(AP) SHINER, Texas - Hearing his 5-year-old daughter crying from behind a barn, a father ran and discovered the unthinkable: A man molesting her. The father pulled the man off his daughter, authorities say, and started pummeling him to death with his fists.

With his daughter finally safe, the father frantically called 911, begging a dispatcher to find his rural ranch and send an ambulance.

"Come on! This guy is going to die on me!" the man is heard screaming on the 911 call. "I don't know what to do!"

A recording of the tape was played during a news conference Tuesday where the Lavaca County district attorney and sheriff announced that the father will not face charges.

In declining to indict the 23-year-old father in the June 9 killing of Jesus Mora Flores, a Lavaca County grand jury reached the same conclusion as investigators and many of the father's neighbors: He was authorized to use deadly force to protect his daughter.

"It's sad a man had to die," said Michael James Veit, 48, who lives across the street from where the attack happened in this small community run on ranching and the Shiner beer brewery. "But I think anybody would have done that."

The family ranch is so remote that on the 911 tape, the father is heard profanely screaming at a dispatcher who couldn't locate the property. At one point, he tells the dispatcher he's going to put the man in his truck and drive him to a hospital.

"He's going to die!" the father screams, swearing at the dispatcher. "He's going to (expletive) die!"

The tense, nearly five-minute call begins with the father saying he "beat up" a man found raping his daughter. The father grows increasingly frazzled, shouting into the phone so loudly at times that the call often becomes inaudible.

The Associated Press is not identifying the father in order to protect the daughter's identity. The AP generally does not identify victims of sexual assault.

Defense attorney V'Anne Huser speaks to the media

Defense attorney V'Anne Huser speaks to the media during a news conference held by 25th Judicial District Attorney Heather McMinn and Lavaca County Sheriff Mica Harmon in Halletsville, Texas , June 19, 2012.

/ AP

"He's a peaceable soul," V'Anne Huser, the father's attorney, told reporters at the Lavaca County Courthouse. "He had no intention to kill anybody that day."

The attack happened on the family's ranch off a quiet, two-lane county road between the farming towns of Shiner and Yoakum. A statement released by the district attorney said a witness who saw Flores "forcibly carrying" the girl into a secluded area scrambled to find the father. Running toward his daughter's screams, the father pulled Flores off his child and "inflicted several blows to the man's head and neck area," investigators said.

Emergency crews responding to the father's 911 call found Flores' pants and underwear pulled down on his lifeless body. The girl was examined at a hospital, and Lavaca County District Attorney Heather McMinn said forensic evidence and witness accounts corroborated the father's story that his daughter was being sexually molested.

The father was never arrested, but the killing was investigated as a homicide.

Philip Hilder, a Houston criminal defense attorney and former federal prosecutor, said he would have been surprised if the grand jury had decided to indict the father. Hilder said Texas law provides several justifications for the use of deadly force, including if someone commits a sexual assault.

"The grand jury was not about to indict this father for protecting his daughter," he said.

Authorities said the family had hired Flores before to help with horses on the ranch. He was not born in the U.S. but was here legally with a green card. Attempts to locate Flores' relatives through public records were unsuccessful.

On Tuesday, a new "No Trespassing" sign was freshly tacked onto a gate barring entrance down a gravelly, shrub-canopied path leading to the barn and chicken coop on the ranch, which belonged to the father's dad.

At the father's house, the front yard could pass for a children's playground: blue pinwheels sunk into patchy grass, an above-ground swimming pool, a swing set, a trampoline and a couple of ropes dangling from a tree for swinging. A partial privacy fence is painted powder blue.

No one answered at the father's home. A few miles away, at a home listed as belonging to the father's sister, a woman shouted through the front door that the family had nothing to say. Huser, the father's attorney, told reporters that neither the father nor anyone else in the family would ever give interviews and asked that they be left alone.

Veit, who lives across the street from the ranch, described the father as easygoing and polite — down to always first asking permission to search Veit's property for animals that had wandered off the ranch, even though the families have long known each other.

Veit's son was a classmate of the father's at Shiner High School in a graduating class of about two dozen. Veit, 48, said the young father was never known to be in trouble.

"Just like a regular kid, went to dances, drank beer like the rest of the kids around here," Veit said.

Shiner, a town of about 2,000 people about 80 miles east of San Antonio, revolves around the Spoetzl Brewery that makes Shiner, one of the nation's best-selling independent beers. Even gas stations here sell it on tap.

Flores' death is only the sixth homicide the Lavaca County Sheriff's Office has investigated in the last eight years. Shiner residents boast their squeaky-clean image on a highway welcome sign: "The Cleanest Little City in Texas."

At Werner's Restaurant, customer Gail Allen said she didn't want to speak for the whole town, though her comments echoed what others said.

"The father has gone through enough," said Allen, 59, who has nine grandchildren. "The little girl is going to be traumatized for life, and the father, too, for what happened. He was protecting his family. Any parent would do that."

© 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
34 Comments Add a Comment
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looier says:
Nobody KNOWS what took place here. None of you. Quick to judge. Maybe is was a pervert.

Maybe he was "owed money" and ran off with the little girl as a ransom? Maybe the guy "beat the man" and pulled down his pants?
How do YOU know?

Again, how do YOU know? Witnesses? The father? The friend? Who else?
Maybe he did it, maybe he did not.

We most likely will not know. We assume quite a bit however.
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get_down says:
This 23-year-old father was in the process of protecting his 5-year-old daughter from the perpetrator who's in the process of raping her and pulled the man off his daughter, authorities say, and started pummeling him to death with his fists. I say kudos to his quick reaction. Afterwards, he called 911 and tried to have the thug's life saved. I say he's a hero. There is just a couple of things he needed to follow through - like cut that rapist's "Johnson" off and then let that part go through the grinder and then fed the output to his hogs to avoid the thug's next life would try to commit the similar crime. Just saying...
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wlhoppers replies:
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Love your attitude!
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KPeters_from_UK says:
Please tell me that the reporters weren't tracking down the poor father and his family? If these reporters are harassing this family...damn. Leave them alone. Who freakin cares what the house looks like!!!!
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Mike_in_USA replies:
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They're reporters. thats what they do---harass for a story.
wlhoppers replies:
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Well said!
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observ23 says:
I like how Associated Press wants to "protect" the father and the daughter by not giving the name or address. Then goes to describe where his house is the full name of the neighbor the name of the small town and how to find which road to use to get to his house.
I would have killed the guy too if it was my child.
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wlhoppers replies:
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No kidding - the AP is totally out of line in describing the house, the peaceful little town and revealing the name of the neighbor. It's not too hard to figure out where the guy lives and what his name is, who his friends are, etc., with that kind of info.

AP blew it.
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Lerianis4 says:
Bullplop. Unless people bring it up on a regular basis, the little girl will NOT be 'scared for life'.

Now, if people do bring that up and treat the girl like she is 'made of glass' after this, THEN she will be scared for life.
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KPeters_from_UK replies:
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Lerianis,
You're the sick puppy that blamed the sexual abuse child and defended the sexual predator in the Jehovah Witness case. You have one very sick mind. How you can blame children who mostly have less power, are vulnerable, who tend to be trusting, fearful, are subordinate to ...all of these points...and defend adults who should know better, should have greater self-control and are physically stronger....how can you defend these predators?


by Lerianis4 June 17, 2012 5:14 AM EDT
Well, I'm of the opinion that there was absolutely no damage at all. Most of these 'victims' (stretching the term big time in my opinion) could have easily ended the relationship just by telling the adult in question "Leave me the hell alone or I will tell my parents!"

The children have all the power in these relationships, period and done with.

It seems that some of these 'victims' don't want to take responsibility for their own inactions or don't want to blame their parents for leaving them alone with these people who, if they were truly being abused, they would be nervous around and unwilling to be around.
KarmaHunt replies:
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I think I see what you meant: I agree that too often a survivor of sexual abuse becomes defined by the crime. It's always with good intentions, but I can say after years of working with abused women (and girls) Ithat most who desire to put it behind them are able to do so with the proper help. Not forget, but lead uneffected lives for the most part. However this situation is a little unusual. She was not only molested, but watched her father beat the man to death and suffered with the rest of her family and the community worrying that her father might have been in trouble for defending her. I pray that she too will receive the help she needs to work through this, but I don't think the commenter who stated she would be "scarred for life" was inaccurate. Ideally it will be a small one.
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gryphon501 says:
this guy has done us all a favor. Protected future would-be victims, and saved the taxpayer some money to boot.
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wlhoppers replies:
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Yep!!!!
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knewsteerrrrr says:
"Come on! This guy is going to die on me!" the man is heard screaming on the 911 call. "I don't know what to do!"

Shoulda thought of that before he killed the guy.
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SD92040 replies:
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Democrat, huh?
observ23 replies:
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How about the guy should of thought about what would happen if he was caught raping the mans daughter.
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freeamerica31 says:
First of all there was no BBQ. The guy had a friend who brought the dead guy over to assist with some work. That's not in this story but reported on other news sights (by the way where did you get the ideas it was a BBQ).

Second he told the Dispatcher he was getting ready to drive the guy to the hospital because he feared for the mans life after the fact when the Dispatcher was having trouble relaying directions to the EMS Vehicle. Not unusual for rural communities but most EMS know their way around but it depends on where the EMS vehicle was routed from what city.

You suspicions are over the top and I'm guessing you live in the city so you have a street sign on every corner and you still need your GPS!
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livingtxlife says:
I'm guessing there weren't enough people around with vehicles to do something like that. We generally send someone out to a main road to navigate them in - not all roads have names or they aren't on maps or roadsigns so it wouldn't have helped anyway. Rural dispatchers & ambulance drivers aren't always the best equipped.

They aren't saying, but I'm guessing the person who alerted him was young or something because there is no way an adult man or woman around there wouldn't have protected that girl themselves if they could have.
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55minus5 says:
I kind of missed the info on the girl's mother. Was the mother somewhere around at that moment? The father was clearly too young when the girl was born.
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AnnieDanny replies:
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That's ridiculous. The article says this young man was exceptionally polite and lived a good quiet life: this event was enough to make anybody hysterical, much less a young man who never ran with a tough crowd or ever caused any trouble. It has nothing to do with maturity, and EVERYTHING to do with the horrors of the situation.
wlhoppers replies:
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What business is it of yours how old the father was when he sired the kid? Who are you to pass judgment?
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