A father in Texas who killed a man after discovering him molesting his five-year-old daughter will not be charged with his death, officials have announced.

A grand jury decided against indicting the 24-year-old man for beating his daughter's attacker to death after the phone call he made to emergency services was heard as evidence in court.

The incident took place at a remote ranch near Shiner, Texas.

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The decision was led by Texan legislation that permits the use of deadly force in order to prevent a sexual assault or aggravated sexual assault.

The man, who has not been named to protect his child's identity, had discovered 47-year-old Jesus Mora Flores assaulting his daughter behind a secluded barn, after a witness had seen Flores "forcibly" carrying the girl to a remote area and alerted her father.

The police report stated that after running in the direction of his daughters screams, he found both Flores and the girl with their underwear removed, according to ABC News.

After rescuing his daughter, he inflicted "inflicted several blows to the man's head and neck area," the police document reported, before calling 911 off his mobile phone.

He could be heard shouting at the emergency dispatcher that he did not know the address of the barn and was audibly distressed. He pleaded with the ambulance to hurry, saying: "Come on! This guy is going to die on me!"

The father was never arrested, but Flores' death was initially investigated as a homicide.

"Under the law in the state of Texas deadly force is authorized and justified in order to stop an aggravated sexual assault or sexual assault," District Attorney Heather McMinn told reporters.

"All the evidence provided by the sheriff's department and the Texas Rangers indicated that's what was occurring when the victim's father arrived at the scene," she said.

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